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I resigned and my employer shorted me on my final paycheck...
Anonymous3 views3 answers
My contract states that my base pay is $33,000.00/year which comes out to $15.87/hour. My pay is structured so that I receive $11.90/hr biweekly and $3.97/hr at the end of the month for all hours worked. When I resigned, my employer stated that she did want me to work and finish the week and would pay me on our regularly scheduled pay day for all hours and the bonus hours worked. I asked her about my unused vacation time and she stated she would need to look at my contract. Long story short, I received my check today (my last day) and she did pay my vacation hours and biweekly hours but refuses to pay my bonus hours, saying our performance is low. This was not a performance based bonus. As a matter of fact, I received performance based bonuses (which I'm not asking for). Can she do this???
Without knowing the precise language of your contract, it is impossible to give you a yes or no answer. You mentioned referred to your monthly pay as both for hours worked and as bonus pay, and this is an important distinction. Nonetheless, I can tell you that you should definitely speak with a local employment attorney, who should review your compensation for a breach of contract and FLSA claim, at the very minimum.
You need to review your handbook, contract and company policies with an employment attorney to really know. Do other employees get paid these amounts when they were terminated? Do you earn vacation days or do you have a set number of days at the beginning of the year? I suggest a free case evaluations with an employment attorney to discuss all the facts and options.
It would be a good idea to contact a local employment attorney to evaluate your case and review your contract. Most employment attorneys offer a free consultation. I wish you the best.
