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  • MA question Massachusetts

    My husband works as a heavy equipment operator (by trade, 15 years) - his last company went under due to a bad divorce between the owners, so he took the first job he could find (obviously!). Things were fine at first, then a new supervisor came on board and it got REALLY bad (for everyone, not just my husband). This guy would literally scream at the top of his lungs at these guys telling them they were (expletive) morons, they were worthless, dumb, etc. Then he mandated a work week of 12 hour days, 6 days a week. Apparently that didn't take well, because everyone finally stood up to him. They went to Monday-Friday, 7-5, and Saturdays 7-3. My husband was being forced by this man to work through lunch, but was yelled at by the owners of the company for doing so, and in turn, of course, not paid for it.

    He had finally had enough - we had been looking for another company for him for quite some time, and he was offered a new job on the spot with a very reputable company last Tuesday. He felt that because he was treated so poorly at the last place, he didn't owe them 2 weeks notice, and told them on Friday that he wouldn't be back. (This in turn ended up in numerous phone calls to his cell phone by the owners screaming at him for quitting). He started his new job today.

    He received a phone call from a sub-supervisor he had befriended today. He was told that he "overheard" the owners/supervisor stating that they would not be mailing out his last paycheck (he normally receives it by mail every Thursday). A) Are they allowed to keep his last paycheck because he didn't provide notice and B) can they hold it at the shop and basically force him to come to the office (which makes me nervous because then they may cry "trespassing")??????

  • #2
    If my notes are correct, MA requires final paychecks for a voluntary termination to be paid "next regular payday; if there is none, the next Saturday".

    Send the former employer a short, polite letter via certified mail requesting that the employer mail the paycheck to whatever address seems good. If you do not get it say 3 working days after when it was due, send one more letter certified mail. Wait one more week, then file a wage claim with MA-DOL for the unpaid wages. Do not take any action which the former employer can try to use against you. The two certified letters are your proof to MA-DOL that you exhausted all reasonable avenues.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      Also keep in mind that in MA, "wages due" includes any earned but unused vacation.
      The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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      • #4
        Thanks for the responses. We'll have to see what tomorrow's mail brings. (thanks for the advice on the vacation - unfortunately they are only due 1 day after a year!)

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        • #5
          One more thought - on each stub he has it says "W/C" and lists a YTD figure...any ideas what that is? (Workers Comp?)

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