Employer withholding last paycheck...

[needpeace]

initial reason was due to lack of funds and they kept promising payment would be soon - it is now 2 months since I have been let go. I filed with the state labor board and they said it can take 3 months or longer(possibly 6 months) to get anything resolved. The state is Michigan(maybe overwhelmed). What other recourse do I have? Federal Labor department? 3 months is a long time and I need the money now that I am laid off desperately. What damages, penalties can the employer incur for this breach?

Thank you,

[Pattymd]

According to my sources, any penalties or fines for late payment there might be (and I'm not sure there are) would be payable to the state, not the payee.

Have you contacted the state DOL to inquire as to the status? If this company filed bankruptcy, you may have a harder row to hoe.

You can contact the federal DOL, but they only, to my understanding, enforce up to the federal minimum wage for regular pay (overtime at your stated rate of pay).

You can try contacting an attorney, but if the amount isn't huge, you probably won't find one to take the case.

Sorry I don't have better news.

[needpeace]

Thanks.

I spoke to DOL twice and they said they are waiting for the company's response. They needed to respond by yesterday but haven't yet. Irregardless, they stated that cases are handled first come, first serve so I am just a number and that's why it can take 3 months or longer. They do have multiple complaints for this company and that might expedite. They are not in bankruptcy(yet) - it is possible it could happen though and then would I just be like any other creditor? just s*cks.

The amount significant - 3k. A lawyer said to file with DOL. As far as I know, once you file with the state, you cannot file a civil claim?

Thanks for your help,

[Pattymd]

I honestly don't know. The lawyer should have been able to tell you.

[JulieBean]

Did you quit, or were you fired? If you were let go, you might as well file for unemployment so you can get some source of income until you find a job.

[needpeace]

Hi

I was let go and I am collecting unemployment benefits - at least it is something

I guess that I will just have to wait it out which is so corrupt! UGH..

Thank you both for your comments.