What doI doif my former employer refuses to give me and my friend our final paycheck?

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What doI doif my former employer refuses to give me and my friend our final paycheck?

When we stopped working we asked if we could pick up our final check. They said that they didn’t have one for us; they also said that we were not alowed onto the property so we couldn’t recieve the checks even if they had one for us.

Asked on September 11, 2011 under Employment Labor Law, Massachusetts

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You didn't indicate whether or not you were terminated or quit voluntarily.

The MA Payment of Wages Act reuires that an employee who leaves employment voluntarily is owed his or her final paycheck on the next regular pay period. This paycheck must also include pay for any accrued but unused vacation.

An employee discharged from employment must be paid their wages in full, including any accrued but unused vacation pay, on the date of termination. Many employers are unaware of this provision or choose to ignore it, as it may be difficult to generate an accurate final paycheck on the employee’s last day of employment. Even when payments are delayed by only a few days, there is a technical violation of the Wage Act which may result in treble (triple) damages, an award of attorneys’ fees, and personal liability of corporate officers.

At this point you need to contact the MA Attorney General's Office. You should also consider speaking with an employment law attorney as to your situation.


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