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Have not received my last two paychecks Pennsylvania

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  • Have not received my last two paychecks Pennsylvania

    It has now been 2 full weeks since I have left my previous employeer. He was given 2 weeks notice that I would be ending my employment there on the 18th of August. Typically, I would receive my paychecks via direct deposit and they would show up in my account online by Satuday at the latest.
    After not receiving my pay for the week ending the 11th, I contact my former employeer via email and asked where my direct deposit was. Three days and three emails later, he claimed he had no intention of paying me the final two weeks I worked there due to a "bonus" I received in February (I will detail this later).
    I called him to discuss the issue which quickly turned in to a screaming match. My main reason for leaving this company was that I no longer trusted my boss and is shady business practices. For that reason, I kept my office key, the username and password information for his email account and the company website. I told him I had this information and would return it when I received my paychecks. I also agreed to sign any sort of contractual obligation that prevented me from harming him or the company in anyway. Shortly there after, he had changed his email and website UN and PW but not before I built a back door to the FTP server for myself.
    The "bonus" as I mentioned above was something I asked for as a favor. I was purchasing a car and needed $2500 to put down on it right away. I called him and asked for the money and he readily agreed to it. There was no other conversation regarding the handing over of this money as pertaining to a bonus or future work with the company.. He now is claiming that this money was a "future bonus" that was for the work I was yet to perform for him there in the coming months. Again, this was no discussed at all and when I question him about this topic he returns that "that was assumed". I for one, would not assume that any company offers a bonus for work that you have yet to perform!
    After arguing on the phone for 45 minutes, he agreed to pay me my two remaining paychecks. We agreed that I would meet him at the office on September 1st at 6pm to pick up my money and sign the contract. On August 31, I sent a reminder email. He said that he had already processed it through payroll but I could pick up the pay stubs if I would like. I requested that he mail my paystubs and I would mail his key to him. The contract did not seem to matter to him at this point so I dismissed it.
    As of Saturday the first of September, I have yet to see a direct deposit in my account and he has not responded to my email requesting the where abouts of the money.

    This brings me to ask two questions. Do I have any legal recourse against my former employer? What exactly CAN I do to get my last tow paychecks?

  • #2
    You can file a complaint for unpaid wages with the Department of Labor and Industry.
    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
      Also it is not uncommon for final wages to do not go direct deposit. Many employers opt for "live" checks in place of direct deposit on final wages. It's much easier to void a check than recall a direct deposit if an error was made. Since it was only mailed a day or so ago, your check may be at your door in a few days depending on the US Postal Service.

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      • #4
        Originally posted by robb71
        Also it is not uncommon for final wages to do not go direct deposit. Many employers opt for "live" checks in place of direct deposit on final wages. It's much easier to void a check than recall a direct deposit if an error was made. Since it was only mailed a day or so ago, your check may be at your door in a few days depending on the US Postal Service.
        That was what I was expecting and the rason why I wanted to meet him at the office to pick it up. But he proceeded to tell me that he had processed the payroll with PayChex.

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        • #5
          Originally posted by oxjox
          That was what I was expecting and the rason why I wanted to meet him at the office to pick it up. But he proceeded to tell me that he had processed the payroll with PayChex.
          The service provided would process the check as instructed by your former employer (i.e. direct deposit or "live" check). The fact that they use a service provider is not uncommon. In fact most companies outsource pay check processing.

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          • #6
            Originally posted by cbg
            You can file a complaint for unpaid wages with the Department of Labor and Industry.
            cbg - can't you point me in the direction of the proper form to fil out?

            Thanks for the help!!

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            • #7
              Originally posted by oxjox
              cbg - can't you point me in the direction of the proper form to fil out?

              Thanks for the help!!

              Neverming- found it!

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              • #8
                Originally posted by oxjox
                cbg - can't you point me in the direction of the proper form to fil out?

                Thanks for the help!!
                http://www.dli.state.pa.us/landi/cwp...a=142&q=201211

                This is a link to Labor & Industry website and includes instructions for making an unpaid wage claim.

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                • #9
                  Wow, that was fast! Glad you found it.
                  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.

                  Comment


                  • #10
                    My former employer refuses to pay me after a month of arguing. Are there any lawyers here that can read up on my situation here and let me know if this goes to court, if it's worth it?

                    He is claiming that because of the $2500 bonus he gave me in January he doesn't have to pay me my last two paychecks and that I actually owe him money. He thinks the $2500 was for a "future bonus" for work that I had yet to perform but that was NEVER discuss untill the issue of my last two paychecks came up. I just asked for the money as a favor to buy a car.

                    In addition, I sort of hijacked his website. All I did was place a 0 after the index.html so it now reads index0.html. He's too stupid to even ask someone to look at it for him. Did I do something illegal?

                    Comment


                    • #11
                      Well, you didn't do yourself any favors.

                      Contact the DLI about the unpaid wages and hope like hell he continues to be "too stupid" to ask someone to look at it because if he decides to sue you for messing up his website, he'll probably win.
                      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.

                      Comment

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