Collecting unpaid wages after terminated employment.

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Collecting unpaid wages after terminated employment.

I was terminated from employment over the phone. I did not receive my unpaid wages until that pay weeks payday. After the deposit was made I realize that I didn’t receive all the hours that I worked. I sent an email requesting for the review of that pay weeks timesheet at that time it was confirmed that there was some hours missing from my paycheck. And that I would receive does unpaid wages on the following payday, which payroll was bi-weekly. I responded again to request that I receive those missing wages immediately. My employer responded oh, that I would receive it on the following bi-weekly pay day I am also trying to withdraw my 401k account which I was informed that the disbursement process cannot be initiated until I receive the last paycheck from my employer and that they receive documentation of my terminated employment. It has been 11 days since my termination date, and a little bit over a week since I’ve requested for my unpaid wages. Does my situation meet the requirements to proceed with collecting unpaid wages through small claims. Even if the employer had told me that I would receive the unpaid wages on the second bi-weekly payday. The payday following my termination date was when I discovered the unpaid wages, so the unpaid wages are depositing on the second payday following my termination date. It is my understanding that sending request to the employer in writing for the unpaid wages, that after 7 days I would be compensated for every day up to 60 days until they have paid the wages I’ve earned

Asked on April 16, 2019 under Employment Labor Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Yes, under the circumstances of your now-former employer being provably late in paying you, you can sue in small claims for the unpaid wages--you can always dismiss the case, after all, if they do belatedly pay you.
You are correct that you are entitled for extra pay, up to 60 days worth, for each day that pay is late starting 7 days after your written request.
 
 
 


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