Legal Question in Employment Law in New York
Final Invoiced Paycheck
I worked for a firm in NYState as Corp to Corp. Final invoice for job was submitted on August 26th and I have received an email run-around on the check being mailed to me. I believe the firm is simply stonewalling and delaying. I have written emails confirming that the check (was) issued and mailed (did not arrive) and that a replacement check is now cut and is BEING mailed as I write this. What is my next step if this is simply more stonewalling tactics?
2 Answers from Attorneys
Re: Final Invoiced Paycheck
You should make a final demand for payment, giving them five business days to make good on their obligations, and then file suit.
In my experience, many companies (without telling you this) will put all accounts payable on a 'Net 30' schedule, meaning that if you invoiced them on 8/26, they will issue the check 30 days later on 9/25.
In other words, give them until next Friday before wasting any time or money on filing suit.
Good luck!
Re: Final Invoiced Paycheck
Our firm handles employment related matters all of the time. According to the relevant laws of New York State, you should have been paid on or before the next pay period following your departure. Under the Labor Law of NYS, failure to pay in a timely manner is grounds for penalties. A stern letter to the company from your attorney with a threat of litigation usually works. You can also lodge a complaint with the NYS Department of Labor. Go to their website for the proper contact information (www.labor.state.ny.us).
If you would like further information on your rights in receiving your past due paycheck, please do not hesitate to contact my firm. We would happy to help.
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