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Is it legal in Florida for an ex employer to withhold paying final check?

Employment 1 views 4 answers
My employer terminated me on August 1st. I turned in my keys and ,uniforms and cards the following Monday.My paydate should have been August 7th.I did not receive a paycheck that day and was told by payroll she was not able to process it due to some issues my emplyer had with me. I tried calling all this week and finally someone answered the phone this afternoon. I was told my paycheck ws not there.What are my rights regarding this and do I need to hire a lawyer at this point?

Attorney Answers

4
Andres Riveraortiz ·
You will need to file a claim in court, probably small claims court. There are no state or federal laws that would cover this. You have to do it yourself (or with the help of a lawyer). Florida law does provide for payment of attorney fees if you prevail in a wage action, which is an incentive for an attorney to take your case if the amount involved is small, and for the employer to pay your wages, unless it wants to also take the risk of having to pay your attorney.
0 upvotes
Archibald Thomas ·
In addition to any claim you may have in small claims court for your wages, you may also have a claim for violation of the Federal and State minimum wage laws. Sometimes the Department of Labor, Wage and Hour division can help you collect some or all of your back wages.
0 upvotes
Rasha Lutfi 1765897.Html ·
I always advise my clients to send a letter via certified mail documenting the request for their wages. You can do it yourself or hire an attorney to send the demand letter, either way it should be done. If you do not hear from the employer by the deadline you set in your demand letter then it will be time to proceed with this matter in court. It is best for you to consult with an employment law attorney.
0 upvotes
Dennis Phillips ·
You might want to contact some employment lawyers at this point. I know of a firm that you could call toll free (877) 921-9133. Your employer may be violating federal employment laws. Good luck. Dennis Phillips, Esq. www.inawreck.com
0 upvotes

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