PDA

View Full Version : Termination: Last Check required time limit?


down-da-road
04-25-2006, 09:59 AM
Is there a time limit that an employer must give a final check after termination?

Some states it is 24 or 72 hours. Does Kentucky have a law? Furthermore, I would like assistance finding a new job. I have been getting paid since January 2006 to start a new restaurant. The restaurant has not opened yet, but I was terminated on April 21, 2006. The owner has been paying me with a check, but has not reported any wages or the taxes she has taken out to any employment authority. How do I ensure that the money taken out for FICA and MEDCARE and SS are applied accurately? Does this mean I am ineligible for any unemployment insurance? I am not looking for unemployment wages as much as I am looking for help with finding a job. Where do I find the unemployment office to help with a job search in Morehead, KY (40351)?

Pattymd
04-25-2006, 10:03 AM
Were the taxes deducted from your pay? Did you get a pay stub? Did you complete an I-9 and W-4 form? Do you have any agreement or contract specifying that you are an independent contractor and not an employee?

If you were an employee (and I have no reason to doubt at this point that you were), the law in Kentucky is the later of the next regularly scheduled payday (the payday for the pay period that includes your last day worked) or 14 days from your termination date. It is the same for voluntary and involuntary terminations.

cbg
04-25-2006, 10:06 AM
Yes, some states say 24 or 72 hours, but considerably more states say the next regular payday. And that is what KY says; in fact, KY law says the next regular payday or 14 days, whichever is later.

You'll have to ask the UI office about your eligibility. You can google the location of the state offices as easily as I can; easier, in fact, since I have no idea where in the state Morehead is located.

down-da-road
04-25-2006, 10:23 AM
I already found the website while I was waiting for a reply. I have one job in the area to inquire about and have found the location of the unemployment office :) . Thanks for your help. This site was quick and very informative.

cbg
04-25-2006, 12:59 PM
Good luck to you! It's very refreshing to hear someone who is more interested in help finding other work than in receiving unemployment!

down-da-road
04-28-2006, 10:52 AM
I agree. Two days before I was terminated, after a meeting that laid out everything, I called a Chef in town and lined up a meeting on Friday. Then I went home and wrote a letter to the owner conveying my disappointment in the way she was allowing others to run her business and would regret to have to inform her I would no longer be working for her. Then I started looking for other options, besides the other Chef in town. (business proposals for my own place, editing training materials, restaurant consultant work....) On Friday, on my way to deliver my notice to her that I was quitting, she called and told me she had to let me go. Whew. That was much easier than having to tell her I quit.

I called her yesterday to let her know I received some samples and wanted to get those to her. Today, I received my last check with the year-to-date figures written on a sheet of paper. So I at least know how much I made and how much was taken for taxes. I'll get a W-2 next year in January. I even attended a Job Fair yesterday, which had nothing really to offer. (mostly sales and military recruiting) But, there is a big Gala tomorrow at the University, and I will be working with the Chef at the event. It'll be kind of like an interview/free work thing, a way for us both to see how each other operates. I'm just suppose to hang out and watch, but it'll be more like I will be monitoring them to ensure quality and participating in the ideas for plate presentations and setups. Overall, I think the University job will work well for me even though I lot of people in town are going to be disappointed they will not be able to experience the down-home Creole flavor at the restaurant. At least the faculty and students will be able to enjoy themselves at Catered events. I also am discussing taking over a section of the lunch area to open a "New Orleans" sections, serving po-boys and good ole food like red beans 'n' rice, jambalaya, gumbo, and etoufee'. I working up the prospective figures to see how profitable it can be.

More job security and benefits are much better with the University, plus I'll be working at the same place as my girl, so I'll have the same schedule as her too. Still wish I could open my own place, but for now, it's great work and I'll be happy there.

Thanks,
down-da-road

Kentucky Labor Law Posters
Comply with Kentucky regulations with one Complete Kentucky Labor Law Poster.
Trusted with customer satisfication.
Call (800) 745-9970 or shop online at www.LaborLawCenter.com.