Legal Question in Employment Law in District of Columbia

Re: delivery of last paycheck

DC Law provides that final pay must be made within one day when a person is discharged, or, when a person resigns or quits, by the earlier of the next regular payday or 7 days after the resignation. But the law does not talk about how the payment must be delivered.

Arguably, the employer has no right to force you to come back to work. And since he does have an obligation to pay, he would be forced to mail the check or deliver it somehow if you do not come in. If this were tested in court, though, the court might say it is unreasonable to refuse to pick up the check unless there is a good reason, such as another job to go to or the ongoing harassment you mention.

It seems that the easiest thing is to call up, tell the employer to have your check ready, go in and get it and leave ASAP. But if you want to make an issue of it, you can tell the employer he is obligated to get the check to you by law, but the law does not say you must come pick it up. So, you want it mailed. If he refuses, you wil report him to both the state and federal wage and hour divisions. (State is DC Employment Services, federal is the US Dept. of Labor.)

You can read the DC wage and hour law at http://does.dc.gov/frames/min_wage_1992.shtm. You can also call the DC Employment Services Wage and Hour division at 202.671.1880 for more info. Perhaps they can shed some more light on your question.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

6932 Mayfair Road

Laurel, MD 20707

301.604.2497

fax: 301.776.3954

[email protected]

http://www.SheldonLawFirm.com

Disclaimer: This posting does not and is not intended to constitute legal advice. It is not confidential, nor is it privileged, and it does not create an attorney-client relationship. Please consult with an attorney for advice specific to the facts of your case.