My former employer gypped me on my last paycheck - who do I contact for help/to collect other than a lawyer?

Question

I gave my two weeks notice - making sure to work a two week pay period so that my last paycheck would be for 80 hours - otherwise, I would've only given one week notice if I only wanted one week's pay! Well, the owner of the company (my former employer) claims that back in April of this year or June the company that does the payroll messed up on pay periods for the salary employees and that the amount on the paycheck is correct. But according to ALL my documentation - that is not the case! The pay period on my check falls in line with all my other checks - and I worked those last 2 weeks, 80 hours, but only got paid for 40? I've asked him to send me a copy of the history printout of all my paychecks - to prove to him that he owes me a week's pay - and he hasn't yet. I know to contact a lawyer - but what kind of lawyer? And are there any organizations I can report this to as well to help me collect the money owed to me? Isn't there a law that protects me? (In Cleveland, OH)

Answer 1

Best Answer - Chosen by Voters

You need to contact the Department of Labor in the nearest city. This is illegal, and the dept of Labor was established to stop this sort of abuse by employers. Even if there was a miscalculation on their part, they are required to show you proof before there are any deductions made on your paycheck.

Take all of the documentation that you have, all of your check stubs, time sheets, any sort of letters that you have written, including your two weeks notice, to the Labor Department and they will assist you. They will contact the employer and they will have to show proof. Since their "miscalculation" occurred so long ago, I will bet that they will have a hard time coming up with proof. Since you have not seen any proof, and were not notified immediately upon the discovery of the miscalculation, then they cannot withhold pay from you.
Even if you are not 100% sure that they shorted you, you should still notify the dept of labor that they are not following payroll laws.
If the miscalculation was a real thing, then you may need to contact the IRS, as you have paid too much in taxes. The IRS will penalize the employers for not following tax laws.

Did they do the same thing to all of their employees? Or was it just you?

Answer 2

You can report it to the labor board. It doesn't cost you a cent. Just take all your information to an unemployment office and tell them your situation and that you want it reported and you want your money. They will help you.

Answer 3

contact the federal wage and hour division. They will help you. Also, if you have to hire an attorney go to a litigation attorney.

Answer 4

An employment attorney would be your best bet. Bring all of your documentation with you to the consult.

Can you speak directly with payroll and show them copies of your documentation? Can you go above your boss' head since you have "proof" he is wrong?

I've listed a website for your area below.

Good luck!

Source(s):

http://www.clelaw.lib.oh.us/Public/Misc/…

Answer 5

I would write a letter to the employer explaining your position and the exact amount you believe you are owed by the company. request an answer within 20 or 30 days. If no answer or the company still says they do not owe you, you can sue in small claims court for the 40 hours pay provided it is within the required amount for small claims. You will need documentation to take to court. Usually the person with the most homework wins. Also keep a copy of the letter to show you have tried to settle this amicably. Good luck.

Answer 6

Yes call the state labor board and i think your former employer will be very happy to pay your last week wages after the labor board gets through with him.

Answer 7

the best FREE way to do it is to take your information to the county attourney. I did when my ex employer bounced two paychecks and i got every red cent back.

Answer 8

I would contact the better business company and possibly they can send you to whom ever you need to see, or file a claim in small claims or magistrates office. If you have proof you can fight it. Contact the department of labor

Source(s):

I have had similar problems and always found a way by starting where ever made scence. I,m sure there is a law that protects you

Answer 9

There are alot of legal ways to collect the money and of course court is one of them. Type him a letter stateing in clear english that unless he pays you in full with in a week you will take legal action of recover the back wages and will also require him to pay all court cost and attorny fees. And damages due to his voilation of the wage and hour act. Also state in your letter you will be filing a claim with the government offices that oversees the wage act in your state and on a federal level unless your demand for payment is setteled with-in the week. Certify the letter and request a siginature.
If he does not pay you get a lawyer and file suit. Was the boss sexually harrasing you. Was he asking you for sexual favors. I hate dead beats.