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Started By
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Need advise on final paycheck and stop payment
Posted on 11/9/13 at 8:46 am
Posted on 11/9/13 at 8:46 am
Friend of mine is an indepentant contractor with a company and was terminated, staff reduction. She was given her final paycheck and deposited it promptly, then was notified by her bank that her former employer had put a stop payment on it. She has called and can't get a return phone call or explaination from former employer. What is her best recourse in this situation?
This post was edited on 11/9/13 at 8:49 am
1
Posted on 11/9/13 at 9:58 am to #1TigerFan
Send a certified letter saying that you do not receive a full final paycheck within seven days that you will be pursuing legal action.
Don't play with paychecks. Don't wait, either.
Don't play with paychecks. Don't wait, either.
Posted on 11/9/13 at 12:16 pm to anc
I'll pass along the info. Only problem for her, last check was less than $500. Hopefully, the letter will be all she needs to get this rectified.
Posted on 11/9/13 at 1:15 pm to #1TigerFan
A buddy of mine had the exact same thing happen a few years ago. The letter prompted a phone call that said "How can I get you this check today?"
Posted on 11/10/13 at 9:18 am to anc
Only problem is if she's an independent contractor and not an employee she does not have any of the federal wage and hourly protections that employees do.
Is she a 1099 contractor? If so, it's probably just a civil matter.
The stop payment is a sneaky arse way to not pay - it's not a bounced check, so there is no force of criminal law behind it.
Have had this happen to me in the past.
I'm afraid your friend just learned a very tough lesson.
Best of luck.
Is she a 1099 contractor? If so, it's probably just a civil matter.
The stop payment is a sneaky arse way to not pay - it's not a bounced check, so there is no force of criminal law behind it.
Have had this happen to me in the past.
I'm afraid your friend just learned a very tough lesson.
Best of luck.
Posted on 11/10/13 at 3:24 pm to Meauxjeaux
Yeah I found a copy of Employment Law and saw the independent contractor exemption. Thanks for sharing your personal experience.
Posted on 11/11/13 at 9:03 am to #1TigerFan
Oh, I left out the 'what to do about it' part.
Take it to small claims court. They have the force of law and cost practically nothing. Figure out which jurisdiction is best (can file in the 'employers' jurisdiction or where she lives).
It's very simple to file suit and that will at least get some action on it for you.
Take it to small claims court. They have the force of law and cost practically nothing. Figure out which jurisdiction is best (can file in the 'employers' jurisdiction or where she lives).
It's very simple to file suit and that will at least get some action on it for you.
Posted on 11/11/13 at 1:27 pm to Meauxjeaux
Did you get a favorable outcome?
Your solution at least got her spirits up, she's now ready to go 3 rounds with UFC's Ronda Rousey!
Your solution at least got her spirits up, she's now ready to go 3 rounds with UFC's Ronda Rousey!
Posted on 11/12/13 at 9:59 am to #1TigerFan
It can be very favorable, yes. My opinion is it would be good for her to go that route.
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