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Non Payment of Paycheck Massachusetts

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  • Non Payment of Paycheck Massachusetts

    Hi there,

    I need some help. I'm in following situation.

    - I informed my employer verbally on 11th Feb that I wish to leave the company.

    - On 12th Feb he emailed me stating that since I have expressed my desire to leave the company and have not yet sent a resignation letter, he will not pay me "final paycheck" for 2 weeks on 15th of feb.

    - On 13th Feb, I replied his email and informed him that my last day with the company will not be close to 15th Feb and hence 15th Feb pay check will not be the final pay check. So, he should pay me as per regular payroll cycle.

    - On 15th Feb I sent him resignation letter with last day with company as 29th Feb.

    He said he will get back to me for 15th Feb pay check, however he has neither paid me nor given any specific reason as to why he is holding my pay.

    I am not sure if he will pay me for the past 2 weeks and I'm also not sure whether he will pay me for the next 2 weeks of work.

    1) Can an employer hold the payment of Final paycheck? If yes, for how long?

    2) are these actions from my employer legal? I am thinking of filing wage claim with AGO, will that be appropriate?

    3) If I work for him for the next 2 weeks as per my notice period and if he does not pay me, then can I file wage claim for that period as well?

    Thanks.

  • #2
    Employees who voluntarily leave must be issued their final checks on the next regular payday. You need to be paid for all time worked. If you aren't, yes, put in a claim with the Attorney General's office.
    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

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    • #3
      I just informed my employer that I may approach Attorney General's office if he doesn't pay me and he paid me the very next day

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      • #4
        If you work, exempt or non-exempt, you need to be paid.

        However, is it possible that you were terminated upon giving notice, but continued to "work" which would inevitably lead to a dispute whether or not you were working? Such could happen with an outside sales rep or an employee that telecommutes.
        Senior Professional in Human Resources and Certified Staffing Professional with over 30 years experience. Any advice provided is based upon experience and education, but does not constitute legal advice.

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