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  1. #1
    Join Date
    Dec 2014
    Posts
    4

    Default Amount of a Final Paycheck

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

    Hi,
    I was recently let go and including my last date, I worked 5 days, in the 2nd half of the month. And the pay stub at the end of the month today showed only 32 hours which amounts to 4 days. Is the last date not counted for work pay?
    Any suggestions on the best way to address?
    Simple email asking HR for clarification and further steps based on that..etc?

    Thanks a lot for your help.

  2. #2
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,043

    Default Re: Final Paycheck

    Did you actually work on your last day?

  3. #3
    Join Date
    Dec 2014
    Posts
    4

    Default Re: Final Paycheck

    Hi,
    I went to work on the final day and had my meeting around noon.
    Did I actually work?
    My work is a results based one where no one really comes by every day and checks with me, except when I have to show my boss results or he feels he wants an update.
    AND
    My boss is pretty high up that he doesn't come to office daily or sees me when he comes by.

    So I would definitely say, I worked, although I had a feeling it might be anyday coming, except that, it was business as usual.

    Thanks

  4. #4
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Final Paycheck

    At best, you would be owed for that portion of the day that you "worked".

    However, your answer above sounds suspiciously as if you might have been there, but weren't actually doing any work. In which case you are not owed any pay.

  5. #5
    Join Date
    Dec 2014
    Posts
    4

    Default Re: Final Paycheck

    Hi,
    I did comein to work on the last day and did work and had a meeting and received the parting agreement as well which states that that was the last day of my employment.
    Only thing I was being factual about the nature of my day to day job. As in, generally speaking if I don't go to office, nobody is coming and asking me why I did not come in to work. Only if results are not delievered as per understanding. And I was generally speaking, afraid I might be let go.

    I was trying to understand what's the correct argument I should make when asking for that extra day.

    Thanks

  6. #6
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,043

    Default Re: Final Paycheck

    The DOL does not calculate partial days based on results achieved or whether or not an employee is questioned about not being at the workplace. The DOL calculates partial days based on how long the employee was at the workplace performing work.

    How long between the time you arrived at work and the time of the meeting? What did you actually do between the above two times?

    We need to know the answers to the above two questions before we can determine if you're entitled to any pay for that day. And we need to know if you're entitled to any pay before we can guide you on how to ask for it.

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