Changing jobs, getting fired or laid off can be tricky as there is always the question of when to pay the final payment that is due to you. There are several State and Federal laws that lay down the how and when the former employer must release your paycheck. If your employer is holding your final paycheck, then what is it that you can do?
In the first place, it is essential to understand that any employer who delays and withholds final payment to his employees is liable to face strict action and penalties for notcomplying with the labor laws pertaining to the region.
If you are likely to leave a job or face a layoff here’s a lowdown on when you can expect your final paycheck or what to do when your employer withholds your payment in disregard of the law.
Every State will have its own mandate on how and when the employer must pay the last compensation to his employee and even in the absence of clear State laws there are clear Federal laws which state the procedure that must be followed. Most legal mandates clearly state that the final payment is to be given immediately when the employee is fired or laid off. In the case of the employee voluntarily quit the job, he/she must be compensated on the last day of employment or the next regular payday.
When you have not been compensated by the next payday and your employer shows no signs of payment you can register a complaint with the labor department and let the officials concerned guide you and help you out. If there are clauses to the laws in this regard, you can explore legal options ahead of you where the experts in this regard will take care of your grievances and get a labor attorney to evaluate your claims.