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Can my ex-employer withhold my final paycheck? Georgia Georgia

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  • Can my ex-employer withhold my final paycheck? Georgia Georgia

    can my ex-employer withhold my final paycheck? He is demanding that I write a letter of resignation before they release my check. The issue is that, after a somewhat heated discussion with my employer I was told to leave and that they no longer needed me. When I started to leave, he said that if I left it was my decision to leave. I left because I was told to leave. Also, would I be eligible for unemployment in Georgia if I only worked part time? I worked for them for 6 years.

  • #2
    You have several different issues.
    - Do not write a letter of resignation.
    - File for UI. You tell your story (tell the truth). The employer tells their story. The state gets to decide whose story they like best. No sure things here. Past that, do you have any wages that go back further in time then 6 months? Very basically most states use a base line period of wages earned during something like 7-18 months to determine the amount of UI benefits. Assuming that the "quality" of the termination is "good". Either way, file the claim. If you do not file, you will NOT get UI. If you file, you MIGHT get UI. So go ahead and file. Past that, if you sign the resignation letter, the employer will use it to show that you should not get UI.
    - Regarding the unpaid wages, send the employer a very short, very polite letter asking for your unpaid wages via certified U.S. Mail, with a return receipt. Do not put anything in the letter but the very, very short statement asking for your wages. Every single word you put in the letter past that hurts you. Do not use email (the employer will simply say that they never go the email). Unless your employer is an idiot (possible), they will take receiving a certified letter as the final step prior to a court action. If you do not get paid within say 14 days, file a small claims court action. Your copy of the letter, plus the U.S. post office stuff is part of your supporting documents for this action.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Originally posted by gracie1 View Post
      I worked for them for 6 years.
      Originally posted by DAW View Post
      You have several different issues.
      - File for UI. You tell your story (tell the truth). The employer tells their story. The state gets to decide whose story they like best. No sure things here. Past that, do you have any wages that go back further in time then 6 months? Very basically most states use a base line period of wages earned during something like 7-18 months to determine the amount of UI benefits. Assuming that the "quality" of the termination is "good". Either way, file the claim. If you do not file, you will NOT get UI. If you file, you MIGHT get UI. So go ahead and file. Past that, if you sign the resignation letter, the employer will use it to show that you should not get UI.
      - Regarding the unpaid wages, send the employer a very short, very polite letter asking for your unpaid wages via certified U.S. Mail, with a return receipt. Do not put anything in the letter but the very, very short statement asking for your wages. Every single word you put in the letter past that hurts you. Do not use email (the employer will simply say that they never go the email). Unless your employer is an idiot (possible), they will take receiving a certified letter as the final step prior to a court action. If you do not get paid within say 14 days, file a small claims court action. Your copy of the letter, plus the U.S. post office stuff is part of your supporting documents for this action.
      DAW, OP worked 6 years not 6 months.

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      • #4
        Mea Culpa.
        "Reality is that which, when you stop believing in it, doesn't go away".
        Philip K. **** (1928-1982)

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