What to do if my former employer refuses to give me my last paycheck because my supervisor denies that I was there but I was?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if my former employer refuses to give me my last paycheck because my supervisor denies that I was there but I was?

Employer is a temp agency. The supervisor works for the assignment. Superivsor is supposedly unable to find the piece of paper he made me sign in on instead of the usual punch card. I should be on camera there, and I remember a lot of details about the day in question. I have a friend who got his paycheck after having a similar issue, but they won’t give me mine even though our hours were written down on the same exact piece of paper. The temp agency has blocked my number, and besides driving out to my old job site which I believe is private property, I have no way to speak to my supervisor. How do I get my check?

Asked on May 17, 2012 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Unfortunately, there may e no good way to get your paycheck. When your employer claims you did not do the work, but you claim you did, the employer is not violating the labor laws per se, and so government agencies (for example, the department of labor) will not get involved; instead, this is a classic "contractual" dispute between two parties--did you or did you not do the work you were supposed to do to get paid?--which means that the only way to resolve the issue is by filing a lawsuit. You would need to sue your employer for the money; then in the process of the lawsuit, you would have access to certain legal mechanisms,  called "discovery," that would let you get access to documents and witnesses. However, depending on how much is at stake, it may be that it is not economically worthwhile to sue. One option to consider is representing yourself in small claims court--your chance of winning will not be as good without an attorney, but you will have significantly lower costs. Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption