What to do if I quit and my employer will not give me my last paycheck?

I returned all their property.

Asked on October 6, 2011 under Employment Labor Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can sue the employer. The employer *must* pay you your last paycheck (assuming, obviously, that you did the work, and they are not disputing that)--and that would have been the case even if you hadn't returned their property. (If you had not returned their property, they'd still have to pay you, but would have grounds to sue you for the return of their belongings.)

Except in the narrow or limited case where the employer is disputing that you did the work (e.g. they claim you falsified time sheets), there are no grounds for not paying you. If they won't voluntarily honor that obligation, though, you'll have to sue them. Depending on how much money is at stake, it may make sense for you bring the action in small claims court and represent yourself.


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