What can I do if my employer refuses to pay wages for work?

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What can I do if my employer refuses to pay wages for work?

My first payroll check had bounced and ended up getting bank fees for return check, etc. It then took my employer 2 weeks to get me a money order to replace the bounced check and now refusing to pay my last check (since I quit after the first check bounced). I contacted my state’s industrial commission; I was told that they they can’t help because the pub is a new entity and hasn’t generated $250k yet also since I was only a cook and didn’t handle credit transactions or clerical duties that they couldn’t help. Is that true?

Asked on May 4, 2012 under Employment Labor Law, Arizona

Answers:

Archibald J Thomas / Law Offices of Archibald J. Thomas, III, P.A. - Employee Rights Lawyers

Answered 9 years ago | Contributor

You may want to contact the U.S. Depratment of labor, Wage and Hour Division, or alternatively consider the filing of a small claims court action.  Paying late can amount to a violation of the federal minimum wage laws.  Refusing to pay your last paycheck would constitute an FLSA violation as well.  It is also possible that your resignation under those circumstances could constitute a constructive discharge allowing you to seek any wage loss after the resignation.  However, these issues are somewhat complex and would require the advice of an attorney to properly evaluate.

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

THere may very well be local laws but if your industrial commission is the same as your labor department, you may need to do a few creative things. Contact the federal department of labor and also your state attorney general. File claims with both. If nothing comes of it, then file suit in small claims for the monies owed.

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