What can I do if my ex-employer is refusing to release my final 2 paychecks?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What can I do if my ex-employer is refusing to release my final 2 paychecks?
I should received my check on the next regular payday. Since it’s been 2 weeks, can I sue them? And, if so, what for exactly?
Asked on July 23, 2015 under Employment Labor Law, North Carolina
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
IF you don't get the paychecks, you can sue to recover the money they owe you--i.e. the amount of the paychecks--plus any additional non-legal/lawyer-fee costs you incur, such as if you bounced any checks due to not being paid and incurred overdraft charges. If you are paid, even if late, however, all you could recover was what out-of-pocket costs or charges you incurred, like overdraft fees. Since lawsuits have their costs, in terms of time and money (though the monetary cost is low, if you file in small claims court and act as your own lawyer, or "pro se"), you may wish to wait until the next regular payday, see if you are paid, and, if not, then sue to get the money. Filing the suit may even "encourage" your ex-employer to release the funds.
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.