How long does an employer have to pay your last pay check after being fired?

Asked 11/5/2009 under Employment and Labor | 2839 View(s) | More Legal Topics

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Employment and Labor Law Answers

You have to get the last check no later than when you would have gotten it if you were still working there, although if you had overtime pay in the last pay period, that could be kicked back one more pay period.

If you don't get paid, you can sue, or you can go through the Department of Labor to file your wage claim.  The lawsuit is more expensive, but it's usually quicker.

Actually Florida, unlike most other jurisdictions, has no specific statute covering this.  Typically, in such a case you would receive your last paycheck on the same day that you would have normally received it had you not been terminated.  Again, however, there is no state law governing this.

You should be aware though that your employer may not hold the final paycheck as "ransom" in an attempt to force you to sign a release or other document.  They may, however, make deductions from the final paycheck for monies owed the employer, advances made to the employee, damaged equipment, other set-offs, reimbursements, etc.

If you request your final pay and it is not received within 30 days Florida Law allows you to sue your employer for collection and fees and costs associated with the attempt to collect unpaid wages.

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