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  • Final Paycheck Massachusetts

    I gave 2 weeks notice at my last job. They asked me to extend my stay an additional month so they could find a replacement. I agreed and for 6 weeks they knew my final date of employment.

    My final Day was October 31st. Should I have recieved my paycheck that day since they knew that was my last day, or are they allowed to wait for their usual pay cycle which would be a week and a half later?

    Additionally, I have accrued 9 days of vacation pay which I won't be supprised if they decide not to give me. Should this be a seperate check or should it be part of my final check?

    If I do not recieve the vacation pay, then my understanding is I should request it from the company before approaching the AG. I have two questions regarding this. First, what is the proper terminology to put in the letter? Second, is an E-mail considered a formal request in today's business world or will it need to be on paper with a signature to be recognised as an official document?

    Thank you for your help.

    -Jason

  • #2
    Since you resigned, and were not involuntarily terminated, your final pay is due on the next regular payday after your last day of work.

    Any accrued but unused vacation pay has to be released to you at the same time. To the best of my knowledge, the law does not address the issue of same check vs. separate check.

    There is no formal terminology required. Whether an e-mail is considered a formal request is up to the employer.
    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
      Suprise

      Suprise! I recieved my finaly pay stub in the mail it does not include my accrued and unused 9 days of vacation time. I have sent an E-mail to the owner and to the accountant requesting the missing pay.

      Are they required to pay immediately now that the pay cycle has passed or may they wait an additional 2 week until the next round of paychecks?

      Also, is it possible to post a link to the form that I will need to fill out for the AG. Knowing the owner, I believe I will need to go through this process.

      Thanks again.

      -Jason

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      • #4
        If it wasn't included in your final pay, it's late. Wait to hear back from the employer though. It may just be an oversight and they will process the payment right away. And honestly, it would be more than 2 weeks before the AG's office even gets to your claim. I'm not saying don't do it; I'm just being realistic. Maybe try this.......

        Dear Employer:

        As you may be aware, Massachusetts law requires that accrued, untaken vacation be paid at termination. My final paycheck received on XX-XX-XX date did not include this payment. Please process the payment for the 9 days vacation balance as soon as possible. If I do not receive the vacation check within 7 days of the date of this letter, I will have no choice but to file a claim for the wages with the Attorney General's office. (Then tell them how you want to receive it; mail, call you and you'll pick it up, etc.)

        That might shake the payment loose. Can't hurt anyway, because the claim forms in most states ask you to describe what you've done to try to resolve the issue.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Particularly since a new AG was just elected - the office is going to be in transition for a while.
          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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