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

Answers:

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.


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