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moeworker
04-22-2009, 03:22 PM
Is it legal for a company in Arizona to to have a former employee who walked from a job to provide a resignation letter before a final paycheck is released to that employee? My understanding is that a company no matter how large or small can require a statement of resignation be provided to receive a final paycheck.
Another question is who determines pay periods and how long after a pay period has ended must a paycheck be given. I.E. pay periods semi monthly with paydays on the 5th and 19th of each month. If my last day was the 17th, should my check be given on the 19th. If that is not the case and my check is going to be mailed to me does it need to be in my mailbox by the next payday(5th of the month) or just postmarked on or before the next payday.

Pattymd
04-22-2009, 04:55 PM
Your understanding is incorrect. The employer cannot put conditions on paying employees.

Did you say "I quit" or did you just abandon your job? When did this occur?

The employer decides how often employees are paid (within the regulations enacted by the individual state). The state regulations may also mandate how many days there may be between the end of the pay period and the check date.


Semi-monthly pay is allowed in Arizona. However, you did not tell us what the pay period ending is for the check normally paid on the 19th.

In most states, checks placed in the mail by the check date are considered timely. If you were still employed, I'd recommend signing up for direct deposit if the company offered it, but that seems to be a non-issue now.

moeworker
04-23-2009, 02:29 PM
It is good to know they can't hold my paycheck hostage. I just walked away. I never came back from my lunch break. The company wasn't too concerned, since they never tried to contact me until 6 days later saying I could pick up my paycheck and also asking for a letter to indicate I am not accepting the position.

I am not sure what the pay period ending would be for the 19th since I was there less than a week. My mistake to accept the job and waste every ones time. I do know that at other jobs paydays came every other Friday(varying dates) and the pay period ending was usually the week before payday. That's probably the case here so I should not expect to see my paycheck until the 5th of next month.

Pattymd, it's a shot in the dark, but you replied "In most states, checks placed in the mail by the check date are considered timely" if the company called me on the 21st saying the check is ready wouldn't there be a case to argue if the check and postmark date are two plus weeks apart?

DAW
04-23-2009, 02:58 PM
Maybe. The government would generally consider the postmark date to be "the date". Assuming that the government actually cares. Sometimes they do not. It is fairly common for the government to lose interest once the payment was made.

Your state is not my state and I do not know how big a deal AZ regards late payments. However almost all states regard "no payment" as a big deal.

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