Legal Question in Business Law in Missouri
My boss laid me off Nov 2, 2009. He kept my last paycheck for a little over 8 mths. His reasoning was that I was supposed to put a section in our handbook stating the store could do this. Within that time, 2 associates quit and he paid them there last check within 2 months. He recently paid me half and that check was ok. A couple weeks after the first check he paid me the rest of my earnings but that check bounced. He paid me $200 less than two weeks after the check bounced but still owes me $266. I called him 9-21-10 asking for the $266. He told me that the store did not have the funds and that I would need to call back after 10-10-10 to see if he did at that time. Do I have any options besides waiting?
1 Answer from Attorneys
Call the Missouri Division of Labor. If you are fired/laid off and owed money, your employer has no right to hold your check. You can also sue for the wages in small claims court without an attorney. I would suggest calling the employer and advising him that the check didn't clear, and give him an opportunity to make good on it before you call the local prosecuting attorney to report the (apparently) bad check. If it was a mistake, he should fix it promptly. If not, the prosecutor should be interested to pursue the matter.
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