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Is Company Required to Mail Out Last Paycheck? Rhode Island

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  • Is Company Required to Mail Out Last Paycheck? Rhode Island

    I can't seem to find anything on the subject of employers mailing employee paychecks in RI Labor laws. Is an employer REQUIRED to mail out an employee's last paycheck if requested by an employee? It is our company policy to not mail out paychecks unless the employee is moving out of state and has made prior arrangements with us. I have an employee that was fired whose paycheck was ready and waiting for her on her next regular payday as required by law. She never came to pick it up and has since filed a claim with the DOL because she wants the check mailed because she doesn't "want to waste her time driving to our office" I don't see anything in the law statutes that state that we must mail her the check, only that it needs to be available to her on her next regular payday. Thank you!
    Last edited by oshc98; 04-27-2012, 09:37 AM.

  • #2
    Wouldn't it just be easier to mail it? Why waste your time on such a minor issue?

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    • #3
      Because the DOL is trying to charge me a 25% admin fee.

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      • #4
        Back up. The DOL is going to charge you a 25% fee if you DO mail 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.

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        • #5
          The employee filed a complaint with the DOL stating we refused to mail her check to her. We got a letter from the DOL demanding that we send her check to them with a 25% admin fee.

          I just got off the phone with the DOL a few minutes ago and the woman I spoke to said that there is no law in RI that states that an employer must mail an employee's paycheck even if the employee requests it. I was told that we were well within the law by requiring the employee to pick the check up from our office just as long as the check is available to the terminated employee on what would be their next normal payday.

          Long story short..we were in compliance. I agreed to mail the employee's check to the DOL and the DOL will disburse it to her.

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          • #6
            Das ist in der Doktor!

            Originally posted by oshc98 View Post
            Because the DOL is trying to charge me a 25% admin fee.
            Have you told them WHY she wants it mailed?
            You are not require by RI law to mail it, and I'd be willing to bet the farm that her "excuse" of not wanting to waste her time driveing to get it is NOT going to score any points with the DOL.
            ..____________
            ~ I use to be amazed,..now I'm just amused.

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            • #7
              Originally posted by oshc98 View Post
              The employee filed a complaint with the DOL stating we refused to mail her check to her. We got a letter from the DOL demanding that we send her check to them with a 25% admin fee.

              I just got off the phone with the DOL a few minutes ago and the woman I spoke to said that there is no law in RI that states that an employer must mail an employee's paycheck even if the employee requests it. I was told that we were well within the law by requiring the employee to pick the check up from our office just as long as the check is available to the terminated employee on what would be their next normal payday.

              Long story short..we were in compliance. I agreed to mail the employee's check to the DOL and the DOL will disburse it to her.
              I hope they make her come and get it...

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              • #8
                Here's the law:

                R.I. - 28-14-4 Payment on separation by employer. (a) Whenever an employee separates or is separated from the payroll of an employer, the unpaid wages or compensation of the employee shall become due on the next regular payday and payable at the usual place of payment.
                Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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                • #9
                  Unless the employee has company property you want returned, it is a bad policy to require the ex-employee to pick up the check at the company. At the least the employee could make a fuss and stir up the other employees.


                  My company is the opposite. All final checks are mailed from my office to the employee's home address.

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                  • #10
                    Companies I have worked for generally wanted to separate employees with as little fuss as possible. You cannot stop an employee from leaving mad but you can avoid going out of your way to wind them up. Past that, federal/state DOL are often less then sympathetic about parties who play games with payments for any reason. They do not like parties who waste THEIR time.
                    "Reality is that which, when you stop believing in it, doesn't go away".
                    Philip K. **** (1928-1982)

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                    • #11
                      Originally posted by HRinMA View Post
                      Unless the employee has company property you want returned, it is a bad policy to require the ex-employee to pick up the check at the company.
                      However true that might be the employer was not required by RI law to mail the check.
                      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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