I am employed by a company in Tennessee but I reside here in Arkansas. If I am wanting to look at labor laws for the company and for myself as the employee, which state do I refer to?

Thanks.

Also one more thing. I called and gave my date of resignation for the 15th of a month on the 13th of a month. Now my employer is not paying me for the 13, 14, or 15th. Can he do this. I worked those days and was in constant contact with the office. Even the other employees called to bid me farewell on the 15th. He is stating no payment because he stated that I resigned on the 13th. I also faxed a letter stating that the 15th would be my last day. I was never told that my services were not needed the day that I called in. Also, he held my paycheck for almost a week because he thought I had not returned my equipment when I had. Isn't there a law against this?


Thanks.

The state of your home-jobsite should be the state of record for purposes of which laws would apply.

It's a bit unclear about how you are compensated. Is this a commission only position OR were you paid a predefined salary/hourly rate?

Regarding holding your final pay:
DOL is clear that an employer may NOT hold a worker's pay check. Since you now have your final check, this is really a mute point. Your recourse would have been to petition for unpaid wages.

Thanks for replying.
I am on a salary base.
My problem is that they deducted three days of my salary that I worked. I clearly resigned (call and letter) on the 15th. My boss is stating that I resigned on the 13th (this being the day that I called and faxed my letter) although my letter and verbal agreement with my superior was for the 15th.

What should I do about the docked pay?

You should be paid for all time worked.

If by salary you mean exempt, it is ok to pay only for actual days works in initial and terminal weeks of employment. Exempt means that you do not qualify for overtime when it's worked.

If you were you underpaid and your employer is not willing to compensate, you always have the option of filing an unpaid wage claim.

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If the employer refuses payment of wages, what can the employee do?

Anyone who has a problem collecting wages can file a wage claim with the Tennessee Department of Labor and Workforce Development's Division of Labor Standards. If the circumstances are such that we are unable to help, the complainant is referred to court.

http://www.state.tn.us/labor-wfd/lsques.html#laborlaws

If your jobsite is located in Arkansas, the Arkansas Department of Labor will accept your unpaid wage claim. There contact information is available via this link: http://www.ark.org/labor/services/index.html#Contact.