If I resigned 8 days ago and I have yet to recieve my last paycheck, what do I do?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I resigned 8 days ago and I have yet to recieve my last paycheck, what do I do?
My employer said I should’ve given more of a notice.
Asked on December 10, 2011 under Employment Labor Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You do not indicate which state you are from, which is critical information, since states set their own rules about when the final paycheck must be paid. Some say immediately (if the employee is fired) or as soon as reasonably possible (if the employee resigns); some have no rules on the subject; many require it be paid by the next regular payday.
You need to look up the law for your state, and/or repost your question with state specific detail. The short answer, though, is that the employer cannot withhold it because you did not give more notice; however, you probably don't need to worry until and unless the next regularly scheduled payday has come and gone.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.