How long does an employer have to issue a paycheck once an employee isfired?

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How long does an employer have to issue a paycheck once an employee isfired?

I was fired from my job 5 business day ago. I am still waiting about a week since pay checks were issued to receive mine. If not issued in proper manner, what should be done after?

Asked on August 9, 2011 Pennsylvania

Answers:

L.P., Member, Pennsylvania and New Jersey Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

When an employer is obligated to give you your last paycheck may vary depending on the state in which you we re employed.  In most states, the employer is not entitled to hold onto you r last and final paycheck.  If you we re to still have company equipment or materials that we re not returned, the company may have the legal basis to deduct the amount of the equipment from you r paycheck, but would still owe you the remainder of your paycheck.

 

In most states, you r employer is obligated to pay you the final paycheck in 72 hours o r less.  Some states require that the employer give you the last paycheck on you r last day of employment.  You can seek legal recourse if you should not receive you r paycheck.  Usually if the amount is less than $5,000, you could take your previous employer to small claims court.  Of course, you will still have court fees associated with filing a case in small claims court.  It may be best to contact your former employer requesting you r final check.  If you feel as though you a re getting resistance from them, you may want to have the court system handle the matte r.  Additionally you could contact an employment attorney in your area that may be able to get you r check to you in a short time period.

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In California, if an employee is terminated by the employer, the employee is to receive his or her final paycheck immendiately before leaving the premises. If the employee quits on his or her own, the time period for the employee to receive his or her final paycheck is 3 days.

If you were terminated, most likely your employer was required to pay you immediately upon your departure from your former place of work. 5 business days is way too long to receive your final paycheck.

You should go down to your local labor department to ask questions about when your final paycheck was due. Potentially, you may have grounds to make a complaint with the labor department about your former employer.

Good luck.


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