Final Paycheck ---only Half

[quicstp]

What is the name of your state?TN
I have work for 4 years and 5 mons, as a manager of a convenient store. On September 27, 2004 I was terminated for no fault of mine, which is another long story. I was promised to receive quaterly bonuses from the total sales of which I have only received one. Our regular payday was Friday October 1. I received part of my final wages on Wedneday Oct. 6. How long do I have to wait to receive the rest of my pay. I also had voluntary Christmas savings deducted which I have not received yet. For the final work week I actually worked 15 hours. Since I am a salaried employee should I expect to receive a 40 hour check or a 15 hour check. I have always been paid 40 hours a week even if I work more or less. Also what is the time limit on receiving information on COBRA.

 

[cbg]

Regardless of whether you were exempt or non-exempt, in your first and last weeks of employment you are only entitled to be paid for the time you actually worked. So you would only be due a check for 15 hours.

The employer has 44 days from the last day of insurance coverage, which may or may not be the last day of employment, to send COBRA information.

 

[texaswillie]

Final Paycheck

Under the Fair Labor Standards Act, your employer is obligated to pay you your final paycheck on the regular pay date. However, many employers will make exceptions and pay a terminated employee quicker. As to the Christmas Savings---this may depend upon the "rules of the savings account". If the rules state the account will be paid out on a certain date , then you will probally have to wait until that date. If there are provisions for terminating the account with an earlier payout, then you would be entitled to that option.You need to check any apperwork you may have signed covering the Christmas Savings.

You wrote that you received part of your wages on October 6th. If you received wages covering your 15 hours, then you have received all your wages and not just part. If your last checck did not inclcude your wages for the 15 hours , then the employer must pay you those wages on his next payroll date.State laws may be different and more compelling that federal law. In such case you should check with your state Department of Labor Office of the office that covers "pay dates".

Unfortunately your situtation is not one that the U.S.Department of Labor would likely get excited about and offer to provide any assistacne. Having said this though, if you find yourself not having received your last pay check, you have little to lose and I would urge you to call, the nearest U.S.Department of Labor's Wage Hour office and ask them to conduct a 'conciliation" for you on you last pay check. They will sometimes do that with a telephone call to the employer. The employer will usually rather make immedaite payment, rather than face the possibility of a visit from a wage hour investigator.

Cbg's reply to you would be applicable concerning the "exempt vs non-exempt" status.--------Good luck!!