Refusal to Pay Final Check

[Mr.NiceGuy]

I recently resigned at a position where I was promised salary plus commission. I quit because of (surprise-surprise) non-payment from my employer . I notified the owner that I would be in on my next scheduled pay-day to pick up my final check for work performed during the previous pay period.

When I went in to drop off all company materials and pick up my final check, he tried to get me to sign a form that stated that I was in agreement that he had paid me in full, from my date of hire until my resignation date. He told me that I could not get my final month salary or commission until I signed the form.

I refused to sign the form because of the fact that (a.) I did not agree that I had been paid in full in accordance with the employment agreement that we had signed and that (b.) I would likely file a claim with the Utah Labor Commission for past non-payment.

He then refused to pay me because he stated that some of the products that I had sold had not yet been delivered and installed. When I requested that he only pay the salary portion, as is normally paid on this pay date, he again refused to pay it.

My question:

Is he legally obligated to pay me the salary portion of the check on the next scheduled payday (today) after my resignation, which was two weeks ago?

and

What course of action should I take and is this refusal to pay punishable by the State?

Thanks,

Mr.NiceGuy

[Pattymd]

Yes. File a claim for unpaid wages with the state Dept. of Labor.

[Mr.NiceGuy]

Thanks for your help PattyMD. If I took the contract to the Utah Labor Commission would they also be able to help me?

[cbg]

The Utah DOL and the Utah Labor Commission are the same entity.

[Mr.NiceGuy]

Thanks guys. I filed with the State yesterday. I called them for more info. and apparently in Utah the violation is punishable. Every day they are late (up to 20 days) they will be charged an additional 5% fee on top of what they already owe. Half of this goes to the state and half will go to the employee if the employer is found to be in violaton. I just want the money back that I earned.

Thanks again for the help.

[Pattymd]

That's the first I've heard about waiting time penalties in Utah. Would you come back and let us know how it turns out, especially the penalties part?

Good luck.

[Mr.NiceGuy]

I'll let you know as soon as I hear something about the penalties. My former employer must have received the notice of the claim because he sent me a real nasty e-mail today calling me ugly names and saying "I am NOT a CRIMINAL" bla-bla-bla etc. but also stated that he was sending me part of the money he owes me. I wish that I could just get my money and get this guy out of my hair forever.

[DAW]

Save the email. It might be useful later.