Legal Question in Employment Law in Florida

paycheck

Is it a law in Florida if you are terminated the employer must pay you for full wages on the same day,and also do they have to pay you for a full days wages on the day you were terminated.


Asked on 10/27/07, 3:57 pm

2 Answers from Attorneys

Keith Stern Shavitz Law Group

Re: paycheck

Your employer should pay you on the next regularly scheduled payroll. If they do not do so, you may want to consider sending a letter via certified mail requesting payment of all unpaid wages. If that should be unsuccessful, you can contact an attorney to determine other avenues of recourse. Additionally, you should ensure that in aside from any regular wages, if you are owed overtime or otherwise unpaid monies such as commissions, you request those too and/or seek legal counsel.

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Answered on 10/29/07, 9:02 am
Bob McCormack Lewis Brisbois Bisgaard & Smith LLC

Re: paycheck

Some companies believe that they only need to pay minumum wages for the hours worked during the last pay period. There are legal theories which suggest otherwise. The payment does not need to be made on the day you are fired, but many employers will make a payment at this time and may include some sort of severance pay, which is usually accompanied by a release of claims. If you earned commissions, these must be paid within 30 days of the termination or in accordance with any contract you may have with the employer.

While a prevailing party in a claim for unpaid wages is entitled to an award of attorney's fees, it is usually better to try to work things out with the employer before contacting an attorney for assistance.

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Answered on 10/29/07, 11:43 am


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