Legal Question in Employment Law in Florida

Never paid final paycheck

I was never paid my final paycheck from my former employer. I gave my proper two weeks notice which I fullfilled. My former boss however is a very petty person who would not even look at me for the duration of my employment. After contacting HR, it was determined that my manager said I over used my PTO ( my allotted time according to our automated system was 4 weeks). Because my former boss determined i overused my PTO, my final paycheck was never paid to me.

It is not the money I care about, but the petty act of a bratty boss!

Can my former boss really get away with this!?


Asked on 5/01/07, 11:41 pm

2 Answers from Attorneys

Danialle Riggins Riggins Law Firm, PA

Re: Never paid final paycheck

In most case, an employer does not have to issue a final paycheck until the next upcoming payday. Once you have learned that you will not receive a paycheck on your usual payday, it is important to keep a record of your hours worked during the relevant pay period, and any additional expenses that you have suffered due to receiving your paycheck late.

You may want to contact your employer first for an explanation, a specific clarification as to this abuse.- and how much?

Basically, an employer has to pay you for hours worked and wages earned - at lest min. wage. The questions you may have are regarding deductions- authorized and unauthorized.

You should review the employee handbook for guidance if there is one. If this does not solve your problem , you should contact an attorney.

If you have to file a claim for your lost wages, your employer may have to pay for your attorney's fees if you win. So it is worth your time to follow through with this and contact a lawyer.

If you need anymore information, my office offers free consultations over the phone or in one of our offices.

Good Luck!

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Answered on 5/02/07, 10:13 am
Bonita Riggens Law Office of Bonita M. Riggens

Re: Never paid final paycheck

It all depends on facts you have not presented. Did you really over use your PTO time? If so, it may not be illegal for your former employer to deduct that from your pay. You should either call the Wage and Hour Division of the Dept. of Labor and ask them to give you guidance or seek a consultation with an employment law attorney to determine if any money is owed to you.

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Answered on 5/01/07, 11:47 pm


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