What do I do if my employer sent a letter saying I have to schedule a meeting in order to collect my paycheck but it now won’t answer my calls?

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What do I do if my employer sent a letter saying I have to schedule a meeting in order to collect my paycheck but it now won’t answer my calls?

I’ve been working there for 8 months. I was 20 minutes later than I called and told them I would be and my employer told me I had to call to schedule a meeting to be able to go back to work. I’m being completely ignored by my employer. I’ve called everyday for 2 weeks with no response. Each time I go to the office I get the run around. I won’t be able to receive a check this pay period because I wasn’t allowed to work. I can’t file for unemployment because I haven’t been fired. It seems as tho they are trying to make me quit to avoid paying unemployment.

Asked on April 10, 2012 under Employment Labor Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

1) You have to be paid, on your regular pay days, for all work you have done--the employer  may not arbitrarily withhold your paycheck. If they will not provide it to you, you could take legal action against them (i.e. sue for it); you might also consider contacting the state department of labor to complain--the department may be able  to help or advise you.

2) It is not necessary to be officially fired to be eligible for unemployment compensation--if it were, no employer would ever tell employees they are fired, but would simply stop paying them. If you are not allowed to work, do not receive hours, are not paid, etc., you may be "constructively"--or effectively terminated--even if you never received notification of termination. If your employer will not let  you work, you may wish to try applying for unemployment benefits.


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