Threatened by an Ex-Employee Over Final Paycheck

My question involves labor and employment law for the state of: Kansas

A Sales manager we had quit with no notice on August 2nd. He was paid on August 1st for the pay period ending the week before. He gave notice on the 2nd and then was dismissed from coming in again on the 4th when it was clear he had no intention of working.

I don't dispute that I owe him payment for the week prior, however he did no work in the following week. He didn't even stay to do work.

About 12 days ago I started getting 16 text messages at a time making wild claims about how the business is run, including statements that we are in breach of contract (we're not) with our customers and that we don't pay payroll taxes (they have been), all from him. He went on to insult all of my staff and threaten to file a complaint with the state for wage theft because he had not yet received his paycheck. He made mention of "if you customers knew how you manage them they'd run for the hills". He is wrong - our customers are very happy and very well cared for. The way he said it, at the same time he was posting to our Twitter, strikes me as a threat that he's going to contact my clients with the wild accusations he's made.

At first I didn't receive the texts because I was very busy. He posted on the company twitter account for us to reply to his texts and emails.

I sent this guy a paycheck for 12 days because frankly I want him gone. It was due to arrive on the 25th from our bank's bill payment system. On the 25th I begin to get another series of texts, once again threatening to contact the state for wage theft and going on about how he's sure we haven't paid taxes. I did not reply to him. Today I got another series of text messages saying it's still not in today's mail and he's sick of waiting. I sent him a picture of the confirmation of the payment where he told me that the address was miskeyed - it was sent to 1114 instead of 11114. I've had it with this guy. To me it seems like this is extortion because he's threatening me constantly. I'm about to just let it go to court, but I'm interested to hear any thoughts on the matter.

Just to be clear - he has been paid up to and including August 4, correct? Was he paid for that time on or before the next regular payday for that date?

Quote:

---

Quoting cbg

---

Just to be clear - he has been paid up to and including August 4, correct? Was he paid for that time on or before the next regular payday for that date?

---

I think he is saying that the guy has not received his last paycheck because the address was mis-entered into the payroll system. It could take a long time for the check to come back to them and then be re-mailed.

OP, you really need to write out a new check and void the old one, and then get the new one sent to him by courier so he gets it the same day. I realize that you are tired of him but you need to get him paid off and out of your business life.

I'd like to hear it from the OP, if you don't mind. If he has issued a check and mailed it to the last known address, he has certain protections even if the check has not been received.

Hi - thanks for the responses. He was paid up to the 1st through regular payroll that was distributed to him on August 1st. I then issued him a second check for 12 days worth of pay (because he was claiming we owed him 3 weeks which just wasn't true, but he said he would accept the 12 days). The check which would have been the final week of pay (7/24-7/28) plus an additional 7 days because I'm a nice person was sent from the bank to the accidentally mis-keyed address with a confirmation date of 8/25. Hopefully that clarifies the issue some.

I'd be happy to just to correct it and have him go away if it were just a matter of principle, but I'm concerned about two things:
1. He files this stuff anyway because for some reason he's a very angry guy. I'm not sure why he's so angry, he quit on his own and he was never mistreated. By all accounts he was happy to work for us until he got another job
2. I feel like because I'm sending a check after all of these threats, I'm solidifying this idea in his mind that taxes haven't been paid because he's treating me like a dog on a leash -- "Brittany, I'm going to file this with the state, I already have it ready to go in a package if you don't send me my money today". So, it seems like by jumping when he tells me to jump I am perceived as admitting guilt. But I haven't done anything wrong and this is just an absolute nightmare of a guy. I've been in business for 10 years and haven't come across this type of situation before.

Thanks so much for your help!!!! I didn't really know where to turn :)

Just to be clear, if the last day he worked was August 4, the last day for which he is owed pay is August 4. Unless he has a legally binding and enforceable contract that specifically and in so many words entitles him to pay beyond the last day he actually worked, there is no legal principle whatsoever under which you owe him a penny more than that.

Now, as I typed that, I thought of one other thing. What do you generally do with unused vacation? In your state, you do NOT need to pay it out unless you have a policy that says you will. Do you?

How was the check sent? You said a confirmation date of 8-25; does that mean you sent it certified, registered, Fedex or some other traceable method? If so, have you traced it and what was the result?

We don't have a policy to pay out vacation.

Regarding the 1st- 4th, that was part of my question -- do I owe him that time if he didn't do anything and only came in for 1 hour on the 1st for a team meeting? After that he went home and he texted him his notice. I didn't realize he wasn't doing anything at all until the 4th when I told him not to come back. Is that on me and I just owe him the time?

There is a confirmation from the bank that it was sent. It doesn't have a tracking number, but it has a confirmation number from the bank.

It shows the amount, account paid from, deliver by date, confirmation number, check number, address and phone number and when it was submitted. They don't have a tracking number on it. They just mail it regular mail from their bill payment center. They haven't been open this weekend to ask what happens, but I am under the impression it'll just get returned to the bill payment center like regular mail.

Unless you have some really, really, really convincing proof that he didn't do anything at all, as in nothing whatsoever, it's really not worth the fight you would have regarding the pay for the 1st through the 4th. You're better off just paying it. But once you told him not to come back, you don't owe him anything unless HE can prove that he was working.

I would make checking with the bank the very first thing I did after 9:00 tomorrow morning. When does the confirmation say it was sent out?

The payment confirmation shows -
Completed on:
08/19/17
06:47:14 PM CT

Sure, that's no problem. It's included in that 12 days so it would be covered, plus an excess two days

Since you have confirmation that the check was sent out, you're safe from any legal issues for now. I would keep in very close touch with the bank however. When you talk to them, find out how long they need you to wait before you put a stop payment on a check and reissue it. If the check has not been cashed on the first possible day you can do so, take that route; stop payment, reissue, and send by a TRACEABLE method.

Thank you very much. I appreciate it.