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Ex-Boss Refused to Issue Termination Letter, Delaying Final Paycheck

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  • 09-23-2011, 10:40 PM
    ny_lou
    Ex-Boss Refused to Issue Termination Letter, Delaying Final Paycheck
    My question involves labor and employment law for the state of: New York

    First issue is regarding Termination Letters:
    My former employer terminated my employment without any prior warning (it was an "at will" arrangement). He basically said it's over and that was that. I received nothing in writing and didn't think to ask because it was all such a surprise.

    In order to apply for state benefits (specifically, medicaid) I was required by the Dept of Social Services to provide a Termination Letter from my former employer. I wrote my former employer and requested this letter. A week went by, and I wrote again stating that not having this letter was holding up my medicaid application.

    My former employer finally replied that he was not required by New York State law to provide a termination letter, and demanded proof of where in my medicaid application it requested a termination letter.

    I provided him this proof (a scanned image of the document requirements list from the DoSS). Finally, nearly two weeks after my actual termination date, my former employer gave me a termination letter. This delay on the part of my former employer caused me to miss a filing date and has delayed my claim for medicaid.

    I've read that labor laws in NYS require written letter of employee termination within five working days of the actual date of termination, and that employers who fail to comply are subject to penalties. Specifically, I've seen this in New York Labor - Article 6 - § 195 Notice and Record-keeping Requirements:
    - http://law.onecle.com/new-york/labor/LAB0195_195.html
    - http://www.employmentlawwatch.com/20...s-in-new-york/

    Any ideas why such a law may not apply to certain employers? Are there exceptions for small businesses, for example?

    Second issue, same former employer (he is a real great guy), is regarding a delayed last paycheck:
    He has not yet paid me my final paycheck covering amounts still due to me, including accrued paid-time-off, severance, and health insurance and TransitChek withdrawals that need to be reimbursed to me (as they were taken out in advance of the next month, for which I would not be employed).

    Again, I've read that labor laws in NYS require the last paycheck for earned income must be paid by the regular payday for the pay period worked:
    - http://www.labor.ny.gov/workerprotec...ds/faq.shtm#16
    - http://www.ag.ny.gov/bureaus/labor/rights.html

    For me, that payday was nearly three weeks ago now. I've written my employer several times asking politely but firmly for the pay or at least an update on when it will be issued. He has only stated "ASAP" and refuses to offer any details.

    What are my rights in this instance?
  • 09-24-2011, 04:53 AM
    jk
    Re: Ex-Boss Refused to Issue Termination Letter, Delaying Final Paycheck
    either contact your states department of labor, if they have a specific wage and hour division, that would be the place. Other than that, I suspect you would have a right to mount a civil suit in the courts. The first method would be simpler and less expensive.
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