How to Get Your Last Paycheck from a Former Employer
Your last paycheck includes compensation for work you performed before you terminated. This includes services you did during the most recent pay period and additional pay your employer might owe you. Federal law does not require your employer to provide your last paycheck immediately upon separation, but your state might. If your employer refuses to give you your last paycheck, you can take certain actions to recover it.
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Instructions
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Check with your state labor department for its final paycheck laws. Most states have a time frame within which final wages are due. Even if your state has no such laws, federal law requires prompt and accurate payment for services after the employee performs them.
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Speak with your former employer about the issue. Even if you did not leave the company on good terms, the law requires your employer to pay you for services rendered. Your employer might be aware of the penalties for violating wage payment laws and likely would prefer to resolve the matter. Your employer might have a valid reason for not giving you your last paycheck. For example, the state might allow your employer to deduct monies you owe the company from your final wages, or, under state law, your final wages might not be due yet.
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File a wage claim with your state labor department if you are due final wages and your employer refuses to pay. State wage claim laws vary; but most require you to fill out a wage claim form indicating details of your employment, such as hire and separation date, type of wages due and amount owed. Your state will investigate your claim. If it agrees with your claim, it can order your employer to pay your final wages, and in some cases, a waiting time penalty, plus damages, which can amount to up to triple back pay.
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Contact the local courthouse in the state where your employer does business for procedures on filing a small claims lawsuit. The amount you can file for varies by state. If the judge agrees with your suit, he can order your employer to pay you back wages, damages and applicable court fees.
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Tips & Warnings
File your wage claim or lawsuit within the time frame specified by state law. Your state labor department or the local courthouse can provide this information.
Less commonly, the state labor department can investigate your wage claim but does not have the authority to order your employer to pay you back wages. In this case, the department can advise you of alternative collection options, such as filing a lawsuit.
If you prefer and can afford it, hire an employment lawyer to represent you in court.
Final wages include regular earnings, overtime and incentive pay, such as commissions, bonuses and paid vacation days provided under an established company policy.
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