What are my rights if I did not receive my final check today?&

My termination was last Friday. I was told by a shop steward that my final pay was mailed today but state law requires that I should have received it today.

Asked on June 22, 2018 under Employment Labor Law, Pennsylvania

Answers:

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

Answered 2 years ago | Contributor

Under PA law, a final paycheck is due on the next regularly shceduled payday. Accordingly, if your former employer is late in paying you, then you can either file a claim in small claims court for what you are owed (plus court costs) or you can file a wage claim with the state department of labor. However, for simply sending a paycheck out a few days late, it may not be worth your time and trouble in following through.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Your final paycheck was due under PA law on your next regularlly scheduled payday. If you have not had what would have been (had you not been terminated) your next payday yet, it is not late. If it is late, you can report to your state's department of labor, which can investigate and take steps to make sure you get, including fining the employer if finds any delays unjustified.


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