What to do if my ex-boss is declining to give me my final paycheck?

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What to do if my ex-boss is declining to give me my final paycheck?

It has been 2 weeks since I left my jo, and I have not received my final payment. After several attempts through e-mail she tried to pay me off with a sum of $95 which I denied. She is claiming that I only work half a week. I was a salary paid employee ($425 a week before taxes) and I only missed one day out of the pay period. I sent her a letter demanding final payment which she denied. What action should I take now?

Asked on June 1, 2012 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you missed one day out of the pay period, and it was the typical 2-week pay period, you are owed 13/14 of your salary for that period. (While salaried employees may not be docked for missing a few hours, they may be docked pay when they miss a whole day at a time.) If the employer will not pay you, you may sue her, including in small claims court, where cases move faster and you can act as your own attorney (saving on lawyer fees). You would have to prove, whether by testimony or documentary evidence, the days you worked and your salary.


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