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delaware-terminated pay immediately?

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  • delaware-terminated pay immediately?

    I recently posted a thread on this forum for my fiance regarding overtime that we believed he was entitled to, thank you for your response, I printed it to show his employer and he was compensated for 6 of the 20 hrs in question. He let that go, then payday came, he gets paid on the 1st and the 15th. On the 15th, checks were put off all day and then they (he and his co-workers) were told to meet the employer at 7 pm to receive their checks, when they got there, they only received 1/2 of their paychecks, there was no mention of not receiving a full check. The employees had been complaining about the pay schedule, so the boss promised that the next Friday they would receive the other half plus the 2 weeks that were owed and then start a weekly pay schedule. The next Friday came and they only received the other half, and then were promised the other 15 days will be paid on the 1st. In the mean time, an empoyee that was leaving the company showed off his paystub and my fiance found out that this guy who had less skills then him was making $6 more an hour. When he mentioned it to the other boss, he was terminated, which is perfectly fine because who wants to work for a company when you have a hard time getting paid. Anyway, our main question is: I have always heard there is a law in Delaware that states if an employer fires you for whatever reason, they have to cut you a check for what they owe you at that point. Is this true? Please advise, and thanks for your help again, now that he's rid of this employer, hopefully I won't need this kind of advice anymore.

  • #2
    No, it is not true. In Delaware your employer has until the next scheduled payday to release your final pay, regardless of whether you are fired or you quit.
    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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    • #3
      full pay after termination?

      Thanks, one more question, do they have to pay you all that they owe at that point. He turns in his time at the beginning of each pay period, so he is now owed a check on the 1st and one on the 15th, should he get all that he is owed on the very next payday, or is he going to have to wait until the next payday to get the remainder that is due from this current time period? thanks again.

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      • #4
        They are only legally required to pay him for hours earned during the pay period on the next scheduled pay day. If it was two pay periods, then it will be two pay days.

        Of course they could pay it all out if they wanted too. That's up to them and company policy.

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