How long do I have to wait for my final pay?

My former employer paid monthly on the Friday of the first full week of the month. Last month we were paid a week early causing a gap of 6 weeks until the time of the next pay. I left their employ during the month. Do I have to wait to get paid?

Asked on September 2, 2011 under Employment Labor Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It appears that your final paycheck in Michigan should have been paid whenever the next regularly scheduled or normal payday would be--that is, you should have been paid the same day as you would have been paid had you still be an employee. (Note: the fact that the prior check was early does not matter one way or another.) If the next regular payday following your termination has come and gone, your final paycheck is late. You should first contact the employer for it--maybe it was just an unfortunate, but understandable, oversight. If they don't correct the situation, then you might contact your state department of labor; it is unlikely that it would be worthwhile retaining an attorney and suing at this junction, though bringing a claim where you represent yourself (e.g. in small claims court) is always an option.


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