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  1. #1
    Join Date
    Jun 2008
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    Post Not Paid For One Week Worked

    My question involves employment and labor law for the state of: NY. After working only one week for a new company in an executive position, I turned in a letter of resignation as it was clearly not a 'fit' and NOT all was as disclosed in offer and previous hours of interviews. It was difficult but seemed best to leave immediately. Due to family reasons, I could not accommodate the differences in job duties. I have NOT received (the one and only) salary check which should have been issued 10 days ago. Aside from waiting until next pay cycle in case of Direct Deposit vs. hard-copy check snafus, what action may I take? Should I take? Thanks!

  2. #2
    Join Date
    Jan 2006
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    Default Re: Not Paid For One Week Worked

    Quote Quoting buffalogirl
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    what action may I take? Should I take? Thanks!
    a phone call to the employer would generally be a good place to start.

  3. #3
    Join Date
    Apr 2007
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    Il.(near StL,Mo.)
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    Default Re: Not Paid For One Week Worked

    N.Y. employees who are discharged and those who quit must be paid on the next regular payday or by mail if requested by the employee.

  4. #4
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    Default Re: Not Paid For One Week Worked

    I still think OP needs to call the former employer and ask them. With the info provided, it is not discernable if the pay was meant to be direct deposit or not, if the emplloyee has attemtpted to retrieve the check (maybe it is setting right there on the pay clerks desk waiting), or it was mailed and since not delivered, they would like to know this info.

    from your info Betty, it would appear that for the check to be mailed, it must be requested so they may simply be waiting for the OP to contact them and let them know or pick it up.

  5. #5
    Join Date
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    Il.(near StL,Mo.)
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    Default Re: Not Paid For One Week Worked

    jk - I agreed with your having OP call employer re the paycheck to start. I was just giving the law as to when a terminated employee must be paid in NY.

  6. #6
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    Default Re: Not Paid For One Week Worked

    I know. What I said did come across as a bit rude;

    sorry. Didn't intend it that way.

  7. #7
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    Il.(near StL,Mo.)
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    Default Re: Not Paid For One Week Worked

    No, that's ok. & Yes, the employee per the law has to request that the check be mailed.

  8. #8
    Join Date
    Jun 2008
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    2

    Default Re: Not Paid For One Week Worked

    Thank you both for your comments.
    I resigned in person and did request to be paid by mail vs. having Direct Deposit set up at all. I provided a mailing address at hire and again in a follow up with Admin Asst. immediately after resignation. The Admin, responsible for payroll noted her receipt and that address would be passed along to owners (same address as in all my hiring paperwork). I waited 10 days past pay date and just re-emailed the Admin this week, but have received no response nor paycheck upon this communication. I was seeking your legal advice prior to calling owners directly-- as they already appear to be avoiding payment to me and I anticipate more unpleasantness. We (myself and company) both felt frustration over my sudden resignation; me feeling that they did a bait and switch tactic to get me on board (when I quit my old job and moved) and them needing to return to being shorthanded. All of us frustrated and out a bit of $$ -- but I did not break the law and they appear to be heading in that direction. I suppose that I may call the employer- and /or also send a Certified Letter requesting that my paycheck be mailed?

  9. #9
    Join Date
    Jan 2006
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    38,867

    Default Re: Not Paid For One Week Worked

    . I suppose that I may call the employer- and /or also send a Certified Letter requesting that my paycheck be mailed?
    sounds like a wonderful idea. If you so not take this step, how would it look if you go the the DOL and say, "I haven't gotten my check yet". and they ask if you have contacted them about it. You will say no. So if , say the company has taken proper action, had mailed the check and it is simply unknowiwing to them, lost in the mail.
    To me, it would look like you were trying to stir up trouble where non exists.

    Be the bigger person and take that first step. Then, if they fail to respnd, go on with any legal recourse you have available to you.

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