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Kshae · Feb 24, 2011, 05:50 PM

I'm in Florida

I worked for a mom and pop type gas station. I was there for a few months. After being yelled at and overworked, I up and quit one day. No notice, nothing. Yes I know this is inappropriate but its done and over now. I should have gotten my final paycheck on, Feb 21st. Well, the owner self writes paychecks (we are paid every Monday) and will not let me have mine until I go and see him. I have tried to contact him via phone and he will not return my calls.

The reasons are vast on why I do not wish to deal with him in person. Is this legal in the state of Florida? Or does he have a time frame in which he can do this, until he either needs to leave it at the front for me or mail it out?

ScottGem · Feb 24, 2011, 06:11 PM

I believe he can require that you pick up the check.

excon · Feb 24, 2011, 06:32 PM

Originally Posted by Kshae

The reasons are vast on why I do not wish to deal with him in person. Is this legal in the state of Florida? Or does he have a time frame in which he can do this, until he either needs to leave it at the front for me or mail it out?

Hello K:

You are not required to speak with him. He MUST pay you on your last regular payday. If your check is sitting there in his office, write him a certified letter, return receipt requested, instructing him where to send it.

excon

Fr_Chuck · Feb 24, 2011, 07:36 PM

While I can believe he can request you pick it up, some places require you sign a exit interview.

But if you refuse, state so, and demand it be mailed to a specific address.

If he does not, you will have to sue for that amount in small claims court.

But honestly, you still live in that area, you quit very poorly, be a adult and just go in and pick up the check

Kshae · Feb 24, 2011, 10:34 PM

I have tried to pick it up. He would normally leave them up front and you just came in to pick them up.

I guess I didn't didn't explain clearly. Or maybe made it seems a little to simple in nice by saying "mom and pop" owned. How about it's a locally owned, with no corporate affiliation gas station.

I have tried to contact him about leaving it so I can pick it up. What he is wanting me to do, is show up between the hours of 4:30am and 7:30am to pick it up from him specifically, if he happens to be there. Like I said there are numerous reasons on why I do not want to deal with him. If it's a matter of, if he doesn't give it to me and I have to go to small claims, then I will just let him keep it.

Its also not a matter of being "an adult" in this situation. I don't appreciate the snide comment about that when I had already clearly stated that how I quit was inappropriate, but someone can only take so much for the amount of money I was being paid.

excon · Feb 24, 2011, 11:39 PM

Originally Posted by Kshae

If its a matter of, if he doesn't give it to me and I have to go to small claims, then I will just let him keep it.

Hello again, K:

I like to help people who want to help themselves... But, if you're willing to work for FREE, I'm not your guy.

excon

Kshae · Feb 26, 2011, 11:08 PM

Its not about working for free either. I'm not happy about it as why I was on here trying to get advice. I just went through small claims, it will cost me about the same to file/get the letter delivered as my paycheck. And I will still have to wait over a month to see a judge, then I will still have to go after him myself, like I am now, for the money.

MzDallas · Mar 21, 2011, 10:46 AM

FEDERAL law does NOT allow employers to withhold final paychecks for ANY reason, which trumps any state/local statutes. While employees up & quit for a variety of reasons, any business is expected to react professionally. Thus, the law was passed specifically to prevent these types of situations, where the business owner will NOT react professionally. Example, if the ex-employee was sexually harassed, what kind of sense does it make to allow the boss to 'require' she not only pick-up the check, but to do so directly from him? Most employers will simply mail the paycheck, usually registered or something similar that requires a signature, so the ex-employee cannot falsely claim they never received the paycheck. Just call the US Dept of Labor, your ex-boss is so far outside of his legal options, it's almost funny. You could just call the store and leave the old fart a message that you are calling the DoL; of course, he's already proven he doesn't really know squat about being an employer. That's OK, once he comes out the other side of the federal audit, he won't soon forget he needs to leave his personal feelings at home, where they belong.

ScottGem · Mar 21, 2011, 03:10 PM

Originally Posted by MzDallas

FEDERAL law does NOT allow employers to withhold final paychecks for ANY reason, which trumps any state/local statutes.

Ok, so can you cite the law that requires an employer must send a final check on request? If I was wrong that's fine. I prefer that the correct info be posted. But there was absolutely no call for the insulting tone in either your rating or your response. That's not how we do things here.