What can a terminated employee do if the employer does not give them their last check in the legally stated amount of time?

Asked on May 23, 2012 under Business Law, Utah


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

An employee must be paid for all work he or she did, including his or  her final paycheck. If not paid the final check, the employee could contact his or her state department of labor and see if he or she could file a complaint; though the employee would probably get faster results by filing a lawsuit in small claims court (where filing fees are low and he/she can act as his/her own attorney). The employee would need to prove, whether by testimony or documentary evidence, the rate of pay, wage, or salary,  and that he or she did the work (i.e. worked the hours or days) for  which he or she is seeking payment.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.