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  • delaware-terminated, when should wages be paid

    Hi, I posted this on the unlawful termination forum and then realized this forum existed, so if this is a duplicate, I apologize.
    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
    Looks like they need to pay on the next regular payday, from what I'm looking at, as if you still worked there, and in the same way unless you request otherwise (by mail). If they start changing their paydays or pay systems around on you, then you may have to wait, but no longer than a month, and certainly no longer than anyone else.

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    • #3
      one more question

      hi, thanks for the reply (although I wish I was right LOL). Right now, his time has been turned in for the payday due on the 1st, but he still has time to turn in that would've been due to be paid on 8/15, should he get everything on the very next payday, or will he have to wait to get the remainder on the 15th? Thanks!!

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      • #4
        The way the law reads, he's suppose to be paid as if he is still employed. It also says that the employer has to pay the employee once per month. It's posted on "Labor Law Posters--Wages" for Delaware, or you can check the DOL web site.
        I'm not a lawyer, just so you know. But it seems pretty clear. Good luck.

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