Not Receiving Last Paycheck and Another

My question involves labor and employment law for the state of: Duluth, MN



I was laid off last week. They said they did not have my final paycheck at that time but would have it Monday and asked if I could return Monday. I returned Monday and still no paycheck. They said they would have it Tuesday and asked if I would return then and I said no can you mail it to me? They said they would mail it to me. It is now Wednesday evening and still no paycheck and I do not think I will get it until Friday or Saturday. By then it will have been over a week for them to give it to me. Do I have any rights at all?


I was not offered severance pay when I was laid off. It is not in any employer handbook or any kind of writing what so ever. I know past employees who were let go were offered severance pay and they were not high paid employee like a president, director, sales person or anything like that. Do I have any rights at all?

As to severance, you likely do not have any rights. If you did not have an employment contract and/or you were an “employee at-will,” you do not have a right to severance.

With respect to the issuance of your check, state law usually mandates that final paychecks be issued soon after a separated employee’s last day (e.g., within a couple of weeks). Without researching MN law, I nonetheless strongly suspect that a week is not impermissibly too long under your state’s wage payment law.

Nonetheless, you can check with the state department of labor if your former employer fails to provide you with check within the next couple of days.

In Mn. if you are involuntarily discharged, you must be paid within 24 hrs. after demand. If the employee requests his or her paycheck be mailed, it is considered paid when postmarked.

If it was mailed, it will probably take a few days to get to you. If you don't get it, then contact the state's DOL.