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Final Pay Check issues Alabama

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  • Final Pay Check issues Alabama

    I am trying to get my final pay check from my previous employer and they have referred me to their attorneys.

    Before I resigned and took another job, my employer was 4 months late on paying me my travel expense. I am in sales and worked for a company out of Atlanta, Ga but live in Alabama.

    It has been 8 weeks since I resigned and I still have not received my final paycheck, commission, and 4 months of travel. Everytime I call they give me the same old song and dance "We are working on it". I estimate the total being around $6000 that is owed to me.

    What are my options? Do they have to pay me for my back travel?

    As soon as I resigned, I sent everything back to them (laptop, phone, fax, etc.) Nothing was damaged and it was cleared from my name. But, all my travel documents were on my email which I do not have access too anymore. Is this going to hurt my chances?

    Thank you for any response you can give me.

  • #2
    This is going to be a soft answer since your state is not my state and some of this is state specific but:
    - Unpaid wages are typically recovered by one of several methods. Filing a wage claim with state DOL - assuming your state has a DOL. Filing a small claims court action. Talking to an attorney about filing a general court action. I have no idea which action is best suited for your state (part of the whole "not my state" disclaimer earlier).
    - Expense reimbursement is complicated. There are exactly two states that consider expense reimbursement to be a matter of labor law - neither is your state. This removes DOL as a recovery method for expenses. But not all law is labor law. There are other legal theories that may or may not work in your state involving small claims courts or general court action. However I am back to the "not my state" disclaimer again on the specifics of this.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)


    • #3
      Thank you for your reply. It is complicated and I am meeting with an attorney tomorrow to see what my options are. I really do not understand how LOW some employers are!