Expert: Shirley McAllister, CPP, PHR - 2/23/2009

Question
QUESTION: I was terminated recently and tried to receive my last pay check.  They did not have it ready on the pay day and said they forgot about me.  They said they would get it to me the following week and now 2 weeks later have still not received it.  I am not getting any help from the management or anything about getting this check.  I would like to know what I can do to get this check without taking it to court we are talking no more than $300, but it is still due to me.  I was employed by a car dealership and the amount due to me is just hourly pay since my comissions did not exceed this.  They keep putting me off.  I could really use this money as I have been unemployed now since Jan.31st.  I am sure I can take this to small claims court but am looking at other options that could make it less time consuming.  I know they for sure are going to literally steal one day of 11 hours and not pay me for this saying it has been paid but it has not, but I am not getting anything at all.

Thanks for your help

Joe

ANSWER: Small claims court is probably the fastest way.

The other option is to file an unpaid wages claim with the department of labor. They will investigate the claim and if they find it valid will force the company to pay the final check. It does take some time.

Shirley

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QUESTION: Shirley thanks for your answer.  I did talk with the department of labor and they will not help me at all saying that during the time I was there I was paid more than minimum wage and told me to seek a lawyer.

Joe

ANSWER: I think I would go with the small claims court then. It only costs aroung 75.00 to file and you do not need a lawyer.

Shirley

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QUESTION: For only 300 dollars you would invest 75 dollars and then if between now and the time the court kicks in I get paid.  I would stand to lose more do you not think.  Is there not law firms that would just write a letter or is there a letter draft that I can copy to send to the company.

Thanks,

Joe

Answer
Yes, a lawyer can write you a letter. I cannot write one I am not a lawyer.  Lawyer's charge about 100 an hour some charge more. You need to find one that has some experience in employment law.

Even if a letter is written that does not mean the company will honor the letter and give your check to you. They may just say to take it to court.

You can certainly write your own letter to the company, however, if the company does not respond than you still are not getting the money that you worked for.

If you want to write your letter, I will look it over for you, but again I am an HR Director and I am not an attorney.

Shirley