Can I sue employer for withholding my check wrongfully or is there penalties in New York state?

I quit my job October 17th the next payroll was generated October 28th which I should have had my last check. I contacted her November 1st she said it was mailed out I have yet to receive it. I'm waiting on a response from the Department of Labor and just want to know what kind of actions I can take towards her doing this illegal matter?

1 answer  |  asked Nov 10, 2016 08:35 AM [EST]  |  applies to New York

Answers (1)

V Jonas Urba
File a claim with NYS Department of Labor.

Labor Standards investigates and "endeavors" to collect on these claims. If you had "good cause" for quitting you may be entitled to unemployment benefits. Consult legal counsel before filing such a claim.

For unpaid wages you must first demand to be paid. You might begin with certified or registered mail to them or a fax or hand delivery of a demand or all of the above. You will want proof that you demanded payment to your "correct" or current address or direct deposit and they failed to pay you after demand.

http://www.labor.ny.gov/formsdocs/wp/LS223.pdf

Good luck.

posted by V Jonas Urba  |  Nov 10, 2016 10:54 AM [EST]

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