Terminated and have not received last check

[Mjm8210]

I live in Indiana and worked for Community Education Centers. GEO Group acquired the company around April and the center I worked in was idle. I worked with one other employee until June 30th. On June 30th, we were met by a GEO employee who gave us each a letter stating our positions were being absorbed by GEO staff at a nearby facility and we were no longer employed. We were told we could apply for open positions at other facilities. Employees at the corporate level who were also let go on that date received a 30 day notice. My last paycheck was due on July 7. It did not arrive and the mail has run today with it again not arriving. I contacted corporate yesterday and they were less than helpful. I was told to contact my facility and I explained that I had been terminated and worked for a facility that was not in operation and no one was there. I also stated this was the second consecutive pay period I did not receive a check on time and was then told I couldn't be found in their system. I then called the department of labor and was told because I was a salaried employee, I have no options other than to seek legal counsel. At this point, I am unsure what actions to take. My account is now in the negative and I will owe bank fees due to not being paid on time again. Any advice would be appreciated.

 

[LdiJ]

I live in Indiana and worked for Community Education Centers. GEO Group acquired the company around April and the center I worked in was idle. I worked with one other employee until June 30th. On June 30th, we were met by a GEO employee who gave us each a letter stating our positions were being absorbed by GEO staff at a nearby facility and we were no longer employed. We were told we could apply for open positions at other facilities. Employees at the corporate level who were also let go on that date received a 30 day notice. My last paycheck was due on July 7. It did not arrive and the mail has run today with it again not arriving. I contacted corporate yesterday and they were less than helpful. I was told to contact my facility and I explained that I had been terminated and worked for a facility that was not in operation and no one was there. I also stated this was the second consecutive pay period I did not receive a check on time and was then told I couldn't be found in their system. I then called the department of labor and was told because I was a salaried employee, I have no options other than to seek legal counsel. At this point, I am unsure what actions to take. My account is now in the negative and I will owe bank fees due to not being paid on time again. Any advice would be appreciated.

Were you a salaried employee (had a regular paycheck with regular withholding) or were you a contractor? (just in case you used incorrect wording here). Otherwise, I am uncertain why the DOL turned you way.

 

[commentator]

It may be a couple more days until you get your last paycheck. It may come tomorrow. Nobody but nobody can reasonable expect that the second their paycheck is due, it'll be there. Eventually it may have to be paid,but just because it was due yesterday and didn't appear does not mean you have any sort of complaint.

I also think you may have misrepresented or misunderstood what the DOL was telling you. Yes, they do have to pay you for
hours worked as an employee, even if you are a salaried employee. If you were a 1099 contractor, it is an issue to be worked out in court.

If you were not a contractor, and it sounds as though you may very well have been misclassified if you were being called a contractor, then you need to file immediately for unemployment benefits, as you are now out of work through no fault of your own. You can do this regardless of when you get paid a final paycheck, because your last day of actual work was June 30th.

 

[Mjm8210]

Were you a salaried employee (had a regular paycheck with regular withholding) or were you a contractor? (just in case you used incorrect wording here). Otherwise, I am uncertain why the DOL turned you way.

I was a salaried employee for both companies.