Legal Question in Employment Law in Minnesota
Is This Lawful?
I recently quit my job and didnt show up for the last day of work and now my ex- boss refuses to give my paycheck to anyone but me or my mother and we have to come pick it up personally. my mother shouldent be drug into this, it had nothing to do with her and she dosent want to have to go get it and have my ex-boss give her a hard time. i moved hours away and i cant pick it up myself. my brother and neighbor work at the same resutant that i quit from and she refuses to give the check to either of them to give to me, even though my brother has picked my check up for me in the past. i dont even want to deal with this woman and i want to just get my last pack check without having to have my mother get involved. all this woman is after is giving either me or my mother a piece of her mind and thats why she is withholding my check till either of us come pick it up personally. can she do this legally? she wont let my brother or neighbor, whom she's trusted to give it to me before, to get my check for me. i also fell that i's rather let he keep it (cause it's probably got $15 on it anyways) but i dont know if she can keep it if i dont come pick it up personally. please help me! i want to get my check but dont want to deal with her. thanks
1 Answer from Attorneys
Re: Is This Lawful?
Minnesota Statutes 2005, Table of Chapters
Table of contents for Chapter 181
181.14 Payment to employees who quit or resign;
settlement of disputes.
Subdivision 1. Prompt payment required. (a) When any
such employee quits or resigns employment, the wages or
commissions earned and unpaid at the time the employee quits or
resigns shall be paid in full not later than the first regularly
scheduled payday following the employee's final day of
employment, unless an employee is subject to a collective
bargaining agreement with a different provision. If the first
regularly scheduled payday is less than five calendar days
following the employee's final day of employment, full payment
may be delayed until the second regularly scheduled payday but
shall not exceed a total of 20 calendar days following the
employee's final day of employment.
(b) Notwithstanding the provisions of paragraph (a), in the
case of migrant workers, as defined in section 181.85, the wages
or commissions earned and unpaid at the time the employee quits
or resigns shall become due and payable within five days
thereafter.
Subd. 2. Nonprompt payment. Wages or commissions not
paid within the required time period shall become immediately
payable upon the demand of the employee. If the employee's
earned wages or commissions are not paid within 24 hours after
the demand, the employer shall be liable to the employee for an
additional sum equal to the amount of the employee's average
daily earnings provided in the contract of employment, for every
day, not exceeding 15 days in all, until such payment or other
settlement satisfactory to the employee is made.
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