My paycheck is MIA

[EWC]

After finding myself in a work situation I was no longer comfortable with, I walked off the job...not my proudest moment by not giving notice but sometimes principles are more important then etiquette.

The same week I walked out, my bi weekly direct deposit was due. The deposit didn't show up. Initially I was told there was an issue that I had property of the companies which hadn't been returned and when that was resolved, my check would be mailed. Since I knew I had nothing, I contacted the companies owner. He reiterated my check was being held until they had the property. I explained I didn't have the property in question and if they had looked on the shelf above my desk, the item that was "missing" was in plain view. Once the owner accepted that the property was no longer missing, he said my check was at the warehouse and _____ would mail it out.

Here are my issues or questions:

When I inquired why it wasn't directly deposited in the first place, his response was "why should I make it easy on you...you didn't make it easy on us by walking out" Does he have that right?

When I insisted that _____ not mail it but I would pick it up, I was told I was not welcome at the location and the only way for me to receive my check was via mail. Can he do that?

When I called _______ to say I was picking it regardless, he said he had mailed it the day before. How could he have mailed it the day before when the "Missing" property issue had only been resolved minutes before my phone call?

I did receive what ______said he had mailed out and it was my direct deposit voucher...not the check and it was missing my commissions. Can they keep my last commissions?

I called again asking where my check was and was told the actual check was mailed out by _____ the same day I was told by _____I couldn't pick it up because it had already been mailed.

Am I ever going to see my paycheck? I actually have two more days coming on the next pay cycle and am worried if I will also see that.

[Pattymd]

1. Yes. The employer can revoke direct deposit authorization at any time and issue a negotiable check instead. That is a very common thing for employers to do in the case of a terminated employee, especially one who walked with no notice.

2. The law does not address this question. When the law is silent on issues, it generally means the employer sets the standard.

3. We would have no idea. Maybe he lied.

4. Whether commissions were due or not depends on the commission plan/document. In any case, that would more than likely be a contract issue, not a wage and hour issue that would be enforceable by the Dept. of Labor.

The last questions all have to do with the timing of payment required by MD law. The law is that you must be paid your final pay no later than the regular payday which includes your final day of work. If that date has already passed, you can file a claim for unpaid wages with the state DOL.