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Yet to receive final paycheck

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  • Yet to receive final paycheck

    State: Illinois
    In the contract with my employer it is mentioned 6 week notice from employee side .I gave only 2 week verbal notice. Can this be a problem or is 2 weeks notice sufficient? I get paid monthly. My last day was Sept 5 th. I'm yet to receive my final pay for August and first 5 days of September. My employer says that he will give my pay check if I give the written resignation. Can he hold on to my paycheck bcoz of not receiving the written resignation? Also he wants me to mention in my resignation letter in a way that I did not give him 2 week notice and I'm objecting to this as it is not true and bcoz of this I cannot get the resignation letter sent across. I want my hard earned money. Please address each of my issues and let me know what i should do?

  • #2
    If you were, in fact, an employee, your final paycheck was due when it normally would have been had you not resigned. The employer cannot hold wages of an employee because of some "violation" of company policy, including refusal to submit a resignation letter that states something that is not true. In any case, two weeks is normally the minimal standard notice, and any prospective employer that would not consider you for employment because you didn't give 6 weeks notice would be rare.

    All final compensation, including bonus payments, vacation pay, wages and commissions must be paid on your next regularly scheduled payday.

    You can file a claim for unpaid wages with the state Dept. of Labor.

    However, if you were an independent contractor, this regulation does not apply and the Dept. of Labor would not be able to assist you; you would have to file a civil claim.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


    • #3
      Thanks for ur message. I'm on a h1b visa and I was an employee of that company. The company is a consulting firm. Initially he said he would pay the money after he gets it from the vendor. But once he got the money from the vendor he asked me for the written resignation an dwas then asking m eto make changes to show that I did not give the 2 wk notice. It sucks man!!!! Can i report this to INS? wat other steps can I take?


      • #4

        Thanks for ur message. Another question:
        State : Illinois
        Also I signed a non-compete agreement with the employer (consulting comapny). In that it metions that I should not be employed with another company which does the same business and within a radius of 50miles. Currently I'm working with another consulting company as a full time employee and the company falls within a radius of 50 miles from the previous company. Does this have an impact on me? The ex-employer is also sayinh that in my written resignation I should mention that I have not broken the non-compete clause in the agreement. He knows the current company where I'm working. Could he do nething to me?


        • #5
          We cannot interpret an agreement we have not read. IF the agreement is enforceable AND IF you have broken it yes, he can sue you.

          You will have to show the agreement to a local attorney to determine both if the agreement is enforceable and if you have broken 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.


          • #6

            I still did not receive my final paycheck so a ssuggested by this forum, I had filed a claim with the Department of Labor, Illinois in Dec'05.
            Yesterday I received the W2 from my ex-employer. The W2 shows wage payment for August '05 included. Actually I have not been paid for Aug '05 and as such I had filed a claim with the DOL. The W2 is showing wrong wages paid.
            Please advice me suitably.


            • #7
              Assuming you receive the checks due you, would that make the W-2 right?
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


              • #8
                No. The w2 would only show wages with Aug'05 salary. It will still be missing pay for few days of September'05 that I worked and my vacation pay. The total amount due from my ex-employes is clearly mentioned in the wage claim I filed in the DOL. It takes around 8 to 10 weeks for the DOL to start working on my wage claim.


                • #9
                  OK, then what that implies is that the check for August was processed in the payroll system and you just never received it. Perhaps they mailed it and it was lost? I would check with them on that issue.

                  The September wages, when paid in 2006, will appear on your 2006 W-2.
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


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