Legal Question in Employment Law in Louisiana
payroll stubs and final paycheck
If an employer, without permission, cashes your check ''becuase the bank was about to close on friday'' and does not produces a legitimate check stub, how do i know my taxes were actually paid? PS: i quit that same job due to empty promises, and now they are bitter at me and refuse to give me my last paycheck. How should i go about filing suit?
2 Answers from Attorneys
Re: payroll stubs and final paycheck
La. R.S. 23:631 et seq. is the statute that requires an employer to pay all wages "on or before the next regular payday, or within 15 days of resignation, whichever is shorter".
IF you want/need to file suit, I would advise speaking with an attorney. The statute also provides for the recovery of attorney's fee and penalties wages, so most times, you can recover amounts in addition to the wages that were actually withheld.
Re: payroll stubs and final paycheck
This is one area of the law that is pretty good for the worker who is not paid. If you are owed money, and have to file suit to collect, the law requires that reasonable attorneys fees and costs are paid by employer even if penalty wages are not ordered. You could also be entitled to penalty wages of what your actual wages would have been had you kept working, starting with the date the pay was considered late under the law, until you are actually paid, limited to a maximum of 90-days wages. You have to make demand for the unpaid wages before penalties kick in. If they cashed "your" check, then there may be forgery involved. Go see a lawyer if it has been longer than 15 days.