• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Laws on final paychecks

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Advice Needed

Junior Member
What is the name of your state? Florida

I have a searched to no avail on the laws in regards to receiving final payment from your employer. My husband gave notice on 1/25 to end 2/8, they let him go on 1/26 and stated they would pay him out through his notice and his 10-days vacation. He received a 2-week check through 2/6 on 2/3, and has not received as of yet his final 12-days owed. The check should have been in the bank today, and the payroll department stated the location needs to complete his termination paperwork. That they have not done as of yet, and we found out the Manager stated to an employee they out him on leave vs completing his termination paperwork and paying him out. Does anyone know what recourse I have on this? In California I thought you were liable for payment until they rec'd payment and it was to be done in 72 hours (may have changed been a few years since been in Cali). But am hoping there are laws for this in Florida as well, so I can stick it to these little pain in the butts :D
 


pattytx

Senior Member
Has your husband contacted the HR Dept. as to his status? What do they say?

In any case, an employee must be paid for all time worked. There are no provisions in Florida law for when an employee must be paid his final pay upon termination, although the standard (unwritten) rule when there are no such provisions, is by the next regularly scheduled pay day (when the pay was due for the pay period in which the termination occurred). Neither does Florida address payment of earned but untaken vacation upon termination.

If your husband is due pay, he can contact the Florida Agency for Workforce Innovation at 1-800-342-3450. However, he may be referred to the federal DOL for further advice, since Florida has a very weak wage and hour division.
 
Last edited:

cbg

I'm a Northern Girl
Since there is no FL law requiring payment of final wages at any given time, there is likewise no liability for failure to pay within the non-existant time.
 

Advice Needed

Junior Member
Final check

Thanks to you both for your information, and I have to say I am disappointed but not surprised that Florida has weak laws in regards to this matter. They tend to have weak laws in regards to alot of matters, guess that is why they are like 10 years behind the rest of the states. :eek:

Thanks again!!
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
Top