Legal Question in Employment Law in Alaska

I have an employment question about my responsibilities in retrieving my final paycheck. My ex-employers fired me for asking about my taxes and overtime and will not give it to me. They are avoiding my attempts to contact them. Please help me understand the statute concerning this. Alaska statute sec 23.05.140 (b) states that "if the employment is terminated by the employer, regardless of the cause for the termination, payment is due within three working days after the termination." In the same sec (d) it states "...employer may be required to pay the employee's regular wage, salary or other compensation from the time of the demand to the time of payment...,". My question is, does the preceding sec (b) constitute a legal demand? Or do I have to contact them and use the word in such a way as, "I demand my final paycheck." I have left voicemails, a message with one of their employee's and texted with wording such as, "I would like to inquire about my final paycheck". Will that work as the demand?


Asked on 12/01/15, 2:54 am

1 Answer from Attorneys
Terrence Thorgaard Thorgaard Law Firm

Subsection (b) doesn't require a demand. Your employer is required to pay you in three days of termination.

Subsection (d) however does require a demand. It does, however, unlike subsection (b), provide for additional wages, etc. between the date of a demand and the date of payment. So if the employer failed to comply with subsection (b) by paying you in three days, you can for force them to pay you more by making a demand.

If the statute doesn't specify what constitutes a "demand", I would send them a letter in writing (I suggest a certified mailing, copied by first class mail, and also via text.) containing a demand (and your suggested wording would work; you also might want to inform them in this letter about subsection (d)). Chances are that the date of mailing of such formal demand would constitute the date of that demand.

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Answered on 12/01/15, 7:21 am


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