The final paycheck you receive after quitting a job or being terminated must provide the full amount of compensation you are entitled to. This includes payment for the hours you worked, as well as overtime, and any payouts for unused sick time or paid time off (PTO).
Upon receiving your final paycheck, you may notice that you were paid less than you were expecting. If you realize that you have not been fully compensated on your last paycheck, your employer may have committed a wage and hour violation. There are steps you can take to ensure that the issue is corrected.
Report the Issue to Your Employer
Before you consider taking legal action, you should report the issue to your employer. Not every instance of an incorrect paycheck is a wage and hour violation, and it is entirely possible that the issue was the result of a computer error or finance mistake.
If you report the issue to your employer and it is apparent that they are making no effort to fix it, the business may be committing a wage and hour violation. For every day that you do not receive proper compensation, you may be entitled to back pay. This may include payment that is equivalent to your regular wages until your employer provides you with the correct compensation for your last paycheck.
Once you are convinced that your employer committed a wage and hour violation by not fully compensating you, you can begin the process of pursuing legal action.
Collect Evidence of the Violation
You will need to save every piece of evidence that demonstrates the wage and hour violation to begin building your case. The paycheck itself can serve as evidence. If you can access information about the hours you worked during the pay period, that will be helpful in determining the amount you should have been paid. Input from other employees could be used as evidence in your case too. You should also save any communication you had with your employer concerning the violation.
Contact Our Attorneys
At Donati Law, PLLC, our lawyers can assist you with your employment law case. We can advise you on how to proceed if your last paycheck was not correct and can represent you in your case against your employer. Contact us if your employer committed a wage and hour violation and you are in need of quality representation.
If you would like to speak with our legal team, send us a message or call (901) 209-5500 to schedule a free consultation with our attorneys.