I just quit my job and my former employer refuses to pay me for my last week, can I sue him for court cost and attorney fees?

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I just quit my job and my former employer refuses to pay me for my last week, can I sue him for court cost and attorney fees?

My former employer claims that I still have some of his paperwork and refuses to pay me my last paycheck. I have a police report where an officer witnessed me returning the employers truck, keys and paperwork. He also stated to that officer that he did owe me and intended to pay Friday but when Friday came he did not pay. Also that money was going as a deposit for my surgery which I have scheduled but now I am unable to have. Can I also sue him for pain and suffering?

Asked on July 16, 2010 under Employment Labor Law, Georgia

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am sorry for your troubles. Generally employers are required to give employees their final pay within 72 hours to 15 days of their leaving.  Some states require that the paycheck include unused vacation days, sick days, etc.  In Washington D.C. it is a 24 hour rule.  These are called "final pay" statutes.  Unfotunatley, Georgia is a state that does not have a final pay statute.  Neither do Alabama or Florida. But that doesn't mean that you could not sue and get your money as well as some additional damages if applicable to your case.  I would start by filing a complaint with your State Department of Labor.  That may scare him enough to pay.  If not you can consult with an attorney in your area about other causes of action that may apply here and the filing of a criminal complaint as well.  Good luck.


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