Legal Question in Employment Law in Maryland

Can Employers Force Ex-Employees to Pick Up Their Final Paychecks in Person?

I resigned from a job last week. I got an email today from my former supervisor stating that I would need to come to his office between 9:15 AM - 5 PM in order to pick up my final paycheck. It does not seem reasonable to me, to require me to take time off of my new job and to travel to my former place of employment to receive what is owed me. I want the check mailed. Do I have a legal leg to stand on here? Because of the strained nature of my relationship with my former supervisor, I cannot simply ask him politely to mail the check. This is just his newest way of trying to make things as difficult as possible for me.


Asked on 1/16/04, 3:58 am

1 Answer from Attorneys
Jeffrey Sheldon

Re: Can Employers Force Ex-Employees to Pick Up Their Final Paychecks in Person?

This seems more of a practical matter than a legal one. There is no federal or florida law that mandates either that the payment be sent to you or that you pick it up. The employer does have an obligation to pay you, so you can argue that they must send it to you under these circumstances, i.e., that it is inconvenient and unadvisable for you to see the supervisor again.

Setting all that aside, diplomacy seems the way to go here. Simply call up the supervisor professionally and request that the check be mailed since you have another job and cannot visit the old workplace. If there is someone above the supervisor, or an HR dept., it would be even better to call them and tell them that you would like your paycheck mailed to your home. Remind them that they have an obligation to pay you "promptly" under state law.

Good luck.

Jeff Sheldon

Jeffrey L. Sheldon, Esquire

The Sheldon Law Firm

17804 St. Lucia Isle Drive

Tampa, FL 33647

813.986.7580

(f) 813.986.7489

(Admitted in Fl., MD, D.C., and Pa.)

[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.

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Answered on 1/16/04, 11:13 am


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