Legal Question in Employment Law in Louisiana
Advertising agency not paying last check
I worked as a graphic designer for an advertising agency from 9/03 to 10/04. In my last 4 months I made 2 mistakes on projects. I made no mistakes prior. In the second mistake the wrong zip code was printed on some collateral materials. This was partially my fault, partially the printers. The previous mistake was completely mine. It has been 19 days since my last day at work. I still haven't been paid for my last week of work. I have repeatedly left messages (my boss won't answer his phone when I call). I have gotten no response. Is it legal for him to keep my last check? I have read r.s. 23:635. Are my mistakes considered negligence, and can I be held finacially liable for them? Any help would be greatly appreciated.
2 Answers from Attorneys
Re: Advertising agency not paying last check
He cannot withhold your paycheck, including compensating you for your unused vacation time as well as your "earned" vacation which you could have used next year. You should have received you final pay at the next pay day following your termination. In any event, you should be paid the amount that is not disputed. Once your employer has recieved "notice" that you are demanding your pay, he has 3 days to pay you. Proving notice can be done by demanding your pay in a registered/certified letter. If you must hire an attorney to obtain your pay, the employer has to pay the attorney if you are successful. In addition, if the court finds that the employer was arbitrary in withholding your wages, after proper demand for payment, he can be assessed penalties of 1 day's pay for each day he failed to pay you, up to a maximum of 90 days.
Re: Advertising agency not paying last check
La. R.S. 23:635 might have some application, but it is doubtful. This "mistake" you made sounds like just that - a mistake. It was not willful or negligent behavior. Therefore, you should have been paid all of the compensation that was due to you when you left your employment (including vacation, bonuses, commissions, etc). You might also be entitled to penalty wages and attorney's fees if you have to file suit to recover your wages. You should contact an attorney to help you with this matter.
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