If I worked for a company and they did not pay me my final check, what should I do?

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If I worked for a company and they did not pay me my final check, what should I do?

I live in OH and the company is in MI. Which court system do I file in? They have for 3 weeks now told me that they will pay me next week, but next week has never come.

Asked on March 29, 2011 under Employment Labor Law, Ohio

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You need to file in the state in which the company is to obtain subject matter and personal jurisdiction over them, so that would be Michigan. If you file suit, you might be running into a longer time period to obtain your pay check. Contact the Michigan Department of Labor and inform them of what occurred. You may need to file a complaint but dependent upon the systems in place with that agency, you might get a welcome surprise sooner than if you sue. If you are still concerned, file the complaint and contact the company and explain you have filed a complaint with the agency and that if you don't obtain your money, you will also file a lawsuit. Oftentimes, in a lawsuit, you might be able to get interest on the monies and some states may also allow an automatic penalty (like paying more to you than what was owed).  Keep in mind, should you call the ex-employer, your goal is not to threaten but rather explain the company's inaction has caused you to file an administrative agency complaint and may also cause you to file a civil lawsuit.


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