How should we proceed if my fiancé’s employer has not paid her last paycheck?

My fiance hasn’t been paid for her last week of work as a full-time manager. It’s been a month. We now live out of state and calls are avoided and promises have been made that

Asked on December 15, 2016 under Employment Labor Law, New York


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

In NY, you have to be paid by the next regular payday whether you quit, were fired or laid off. You can ask for your final check to be mailed. Since hse hasn;'t been paid  required, she can either file a wage claim with the state department of labor and/or file suit in small claims court for unpaid wages. First, however, she should send a letter to demand her final paycheck. Sometimes, that's enough to make an employer pay when they realize that a worker will fight for their pay. It is best to use Return Receipt Requested, so that she can prove that she sent it.

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