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GA - former employer holding last paycheck

On Lawyer & Legal » Employment & Labor Law

3,476 words with 4 Comments; publish: Wed, 09 Mar 2005 10:46:00 GMT; (80076.17, « »)

I had left my employer back in mid-Feb. Since that time, the employer has called my house on numerous occasions, especially the week following me leaving ; asking where to find things (things clearly labeled in the office) etc. My D.O.L. stated that once employment has ceased, I was not obligated to my former employer anymore, so I stopped my communication with them. And they stopped calling me.

Before I left, I tried organizing everything so things can easily be found and even left a "password" list so they would not have any problems getting access to anything that needed passwords.

I was supposed to receive my last paycheck the last Friday of Feb. I gave it a week to get to me in the mail. Then yesterday i received a letter stating a whole list of things they wanted from me before I could receive this paycheck. And most of these things were questions I had answered that week following me leaving. And other things had obvious answers to them.

They want me to arrange an appointment with them. I don't need to come in and see them since I can answer these questions on the phone. What course of action should I take?

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  • 4 Comments
    • Thank you very much. Your advice and insite was very helpful. The US Wage & Hour Division and the GA Wage & Hour Division couldn't give me a clue as to how to even proceed or what I was obligated/not obligated to do. So I guess the outcome relies on what I feel I need to do next.
      #1; Wed, 09 Mar 2005 11:22:00 GMT
    • Georgia is not very helpful in collecting unpaid wages. Their website states:

      Often employers and workers disagree over final amounts due. The Fair Labor Standards Act requires that employees be paid at least minimum wage for all hours worked, and time and a half for any overtime hours worked; salaried personnel must also be paid. The USDOL Wage and Hour Division enforces these requirements, but enforcement may be slow. The practical alternative is to file a claim for wages against the employer in the small claims court (Magistrate Court) in the county where the employer is located. Although the worker will have to pay a filing fee, that filing fee can be collected along with wages if the court rules in the worker's favor.

      The money must be paid to you even if they feel that you have additional work to perform for them. You may want to call them and inform them of the law, hoping that they won't push you to the point that you have to file a claim in either small claims court or through the US DOL.

      #2; Wed, 09 Mar 2005 11:07:00 GMT
    • Good for you. Don't let an employer cheat you out of your hard-earned wages.
      #3; Thu, 10 Mar 2005 00:43:00 GMT
    • Here is a follow up on my part. I have been here at the DOL and they read the letter, passed it to one of the head guys of this territory(and all the way across half the state).

      He said it was a ridiculous letter and to write one back. Use this letter I received from them against them by sending THEM a certified letter. Answering all the questions that they posed, and also stating that if they attempt to call or contact me again, it would be considered harrassment on their part. And they also said perhaps speak with an Atty (if I wanted to) and have them help me draw up a letter to that effect.

      I am not so worried about getting my money right away more-so it being the principal of it all. I was one of the stronger employees that seemed to stick up for other employees rights and I would hate for this to happen to anyone else that was not as willing to stand up to them as I would.

      #4; Wed, 09 Mar 2005 11:32:00 GMT