QUESTION

Can my employer deny me my salary on my last paycheck due to his own reasons

Asked on Feb 03rd, 2022 on Labor and Employment - New York
More details to this question:
My employer paid me 290 for my last check when we had a salary agreement that I get paid 700 a week He claims that he isn’t paying me the salary because I didn’t have a meeting with his manager the following day after I quit
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1 ANSWER

Labor and Employment Attorney serving Tarrytown, NY at Urba Law PLLC
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Everyone is entitled to be paid their wages or salary earned. Some employees have written agreements while others rely on verbal or handshake deals. Either one is valid although the verbal or handshake one is much harder to prove without witnesses or other evidence to support the pay rate. It looks like the pay rate had nothing to do with your quitting. By that, I mean, that the employer was paying you 700 weekly before you quit. In that scenario it should be much easier to prove that your agreement, regardless of whether it was put in writing or just verbal, and regardless of whether you agreed to work for a specific time period or were like most "at will" employed, should be enforceable. It also looks like you will potentially be filing a lawsuit in small claims court. The county small claims court clerk should be able to provide you with forms to help draft the complaint. The county where you performed services or where you live are the clerks you should contact. Before you start filing lawsuits you might consider a certified or registered letter to your former employer. This is not legal advice but the letter might read soemthing like this: Dear former employer, I worked until X date. Before then I informed you that I was "leaving". I had been paid X dollars a week before I resigned. My last paycheck was only for Y dollars (see attached). I should have been paid Z dollars instead (see copies of emails, texts contracts attached showing the higher rate). There was no policy or contract which I am aware of that required me to do anything before I resigned. I did not sign any authorization that you could deduct anything from my final paycheck except the normal deductions for taxes, etc... that you had been taking out all along. You owe me AA dollars plus interest, my costs of filing suit if I have to plus whatever else a court awards. I look forward to receiving BB dollars from you at CC address by DD date or I will have to pursue formal legal action. Sincerely, your name. Then when you file in court the above plus attachments will essentially be your lawsuit plus whatever the clerk suggests you add. Keep the signed return green card from the post office proving that your employer received your demand letter plus copies of the letter, receipts, attachments. Good luck. You should get paid. Small Claims Court.
Answered on Feb 03rd, 2022 at 9:49 AM

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