Legal Question in Civil Litigation in Minnesota

Unable to collect last paycheck

I quit my previous job approximately 6 weeks ago. It has been 5 weeks since the paydate following my termination of employment. During this entire 5 week period I have been trying to collect my last paycheck. I have been unsucessful and have decided to file a claim with the small claims court in my county. I am wondering if I am entitled to any additional money besides the hourly wage that is owed to me. I have been told by one person that I may be able to get three times the amount of pay I am entitled to, and feel that I should at least be paid interest on the amount of money they have been holding.

I am confident that I will win my case, as there has been no legitimate excuse for not paying me. Can you tell me if I should sue for more than the amount they owe to me? If not, can you direct me to a website that outlines a law relating to this issue?

Thank you.


Asked on 11/18/02, 8:11 pm

1 Answer from Attorneys
David Kelly-952-544-6356 Kelly Law Office

Re: Unable to collect last paycheck

Look at Minnesota Statutes Section 181.14 You can get to this on the internet by following the link on my links page (http://www.kelly-law.com/links.html) to the Minnesota Legislature, and then go from there to the statutes.

The statute says that the employer has 20 days to pay you. Then if you haven't been paid, you have to make a written demand. If the wages aren't paid within 24 hours of the written demand, then you get a penalty equal to up to 15 days pay at your previous rate.

To get the full penalty, be sure you make the written demand and wait 16 working days before you sue the employer.

Good luck.

This response is for general information purposes only and does not create an attorney-client relationship.

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Answered on 11/19/02, 10:58 am


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