How long does my former employer (in New York State) have to get me my final paycheck?

February 20, 2008 1:45 PM

How long does my former employer (in New York State) have to get me my final paycheck?

I recently resigned from my job. It was a fairly amicable split - I gave my two weeks notice on January 25th and let them know that February 8th would be my last day. The regular payday of February 15th has come and gone, and I still haven't received my final check.

I know some states like California have very strict laws about when the final check has to be issued, and I know that New York state gives the employer slightly more time, but I haven't been able to figure out exactly how long they have. The Department of Labor website hasn't been any help. Can someone please let me know where I stand legally?

BTW, if it matters, the company is in serious financial trouble and was not able to make payroll for its current employees on the 15th.

posted by anonymous to work & money (7 comments total)

See here

Q: When is the last check due to a terminated employee?

A: When employment has been terminated, the employer must pay the wages by the regular payday for the pay period worked. If requested, the employer must mail the final wages to the employee.

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Q: How can employees obtain assistance in collecting wages owed to them by their employer?

A: The Division of Labor Standards investigates and endeavors to collect claims for unpaid or withheld wages including illegal deductions. Also enforces the prohibition against illegal kickback of wages and tip appropriation.
posted by blue_wardrobe at 2:05 PM on February 20

This site says next scheduled payday, according to NY Labor Laws 191
posted by shinynewnick at 2:07 PM on February 20

blue_wardrobe means here I think.
posted by ND¢ at 2:11 PM on February 20

BTW, if it matters, the company is in serious financial trouble and was not able to make payroll for its current employees on the 15th

I don't know where you would stand legally under current circumstances, but I do think that you could well join a list of creditors owed money and may not see it anytime soon.

Payroll for current employees is usually the one thing that companies ensure they pay when they have the funds to do so (before suppliers, tax authorities as these items can normally be stalled). I am sorry to say this but I would steel yourself to not get the paycheck anytime soon.

I am an accountant in a different country and cannot comment on your local jurisdiction. However, whatever your legal rights may be, getting the money may be a different matter.
posted by ClanvidHorse at 2:12 PM on February 20

In the pay period it would have normally been issued.

You're current enough for them to still have you on their current payroll. I'd talk to them about when that money is coming. Maybe offer to pick it up, if they don't pay by direct debit? Run, screaming, to the bank to cash the cheque. If it bounces, you can take them to Labour Standards, fairly easily as it happens, and put them through a world of pain. If it clears, hey presto, you have your money. Can I claim 10%? ;)

Employees get ahead of creditors in the normal scheme of things in the US, as far as I've seen. Last in line are investors. Unless you are a contractor who invoices the company and is given a 1099, you should be OK.
posted by Grrlscout at 2:55 PM on February 20

Run, screaming, to the bank to cash the cheque.

If you do get a check, take it to their bank and get cash for it right on the spot. Then you don't have to see if it'll bounce.
posted by Monday at 12:55 PM on February 21

Do you normally have your paycheck direct-deposited? (I know, being anon, that you can't answer this.) Very often the final paycheck to an employee is issued in a form of a check and is not direct deposited; if you are actually telling us "I expected a direct deposit of my paycheck on February 15; it didn't happen and I'd like to know when I'm going to get paid", they may have perhaps mailed you the paycheck. Under that circumstance, for it not to have arrived by today is unpleasant but not particularly atypical for the United States Postal Service. Moreover, if someone forgot and didn't mail it out until Monday, the time in transit wouldn't at this point even be particularly unusual.
posted by WCityMike at 2:13 PM on February 21