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View Full Version : I got fired and wasn't given my paycheck in a timely manner...can I sue?


WillieSacks
06-13-2005, 12:59 AM
I got fired from my telemarketing job I was at for 1 1/2 years over some b/s (my new supervisor basically didn't like me) so when I got fired, they took my badge and that was basically it. I got fired on Friday June 3rd.


Anyway Arizona law says that when you get fired that you need your final pay check within 72 hours or by the next payday, whichever is first. One of my boys that is a general manager for a restaurant said that you need your final paycheck the day you get fired.....ANYWAY.

So Next Friday came (6/10/05) I usually get direct deposit but I noticed that my final check wasn't even direct deposited into my account. SO I called my job and asked my supervisor that fired me where my check was "I think we sent it out to you" was his answer...YOU THINK...wtf. SO I had to drive all the way to my job. I had no badge so I had to wait for people to open the door for me and not suspect me of anything to talk to the payroll department about my check (that was where my sup told me to go). The payroll department told me that my final check wasn't even processed and I would need to talk to my sup. So anyway I go to my sup and ask him where my check. He tells me to hold on and he goes to his computer then leaves without telling me anything.

In the meantime. One of my sups that Im cool with tells me that if I didn't receive my check within 72 hours that I can sue but you didn't hear that from me"


I talk to one of my old coworkers that tells me the same thing. He said that you can sue for 3 times what your final paycheck is. So he tells me this and I decide to leave before they give me my final check but my sup stops me before I'm out the door and gives me my check..He ended up processing it that day, I haven't cashed my check yet and I'm going to call one of my friends dads who is an attorney for some legal advice tomorrow.

My termination date was 6/3/05, the date on my pay check is 6/10/05... Clearly more than 72 hours...Can I actually take my job to small claims court and sue for 3 times the amount of my final pay check...Advice please. Thank you

The Bartender
06-13-2005, 01:02 AM
Um doubt it. You'd have to show that you suffered some type of damages from not having your check on time. And even at that, if you were living check to check, you'd still be hard off to win this case unless for some reason (which is already stupid i think) that Arizona is really strict on this...yet highly doubtful still:down:

WillieSacks
06-13-2005, 01:05 AM
if it means anything. My friends girlfriend worked for Safeway and got fired and didn't receive her check in a timely manner. She sued Safeway for 3 times what her final check was and she won.

WesCottII
06-13-2005, 04:50 AM
IF thats the law, and they didn't abide by it, of course you can sue.

ryan killa
06-13-2005, 07:38 AM
If you decide to sue, you will be one of the American's that files a lawsuit every 30 seconds.

Luveno
06-13-2005, 09:01 AM
Telemarketing companies are the lowest of the low when it comes to corporations. They are legal mental sweatshops, where employees are the lowest rung of the white collar corporate ladder. You mean nothing to them.

I suggest that you take them to the cleaners. The US has a system where you can take advantage, and I say do it!

Giovanni Casanova
06-13-2005, 09:52 AM
Originally posted by WillieSacks
My termination date was 6/3/05, the date on my pay check is 6/10/05... Clearly more than 72 hours...Can I actually take my job to small claims court and sue for 3 times the amount of my final pay check...Advice please. Thank you Some of the facts are right but not all of them. Let's take a look.

According to Arizona law, ARS 23-353:

23-353. Payment of wages of discharged employee; violation; classification

A. When an employee is discharged from the service of an employer, he shall be paid wages due him within three working days or the end of the next regular pay period, whichever is sooner.So that part is correct.

Now, the proper procedure in this case is to make a demand for payment in writing, and to keep a copy. If that still doesn't get you the results you need, you can file a claim in court or with the Industrial Commission of Arizona. If you file in court, the following section of Arizona law applies :

23-355. Action by employee to recover wages; amount of recovery

If an employer, in violation of the provisions of this chapter, shall fail to pay wages due any employee, such employee may recover in a civil action against an employer or former employer an amount which is treble (Gio speaking... "treble" means "triple") the amount of the unpaid wages. In your case, however, you have already received your wages (albeit late) and thus probably do not have a cause of action for a civil dispute, unless you can prove real damages. In this case, real damages might be that you expected your wages by payday, but didn't receive them, and as a result your account was overdrawn or something. Otherwise, the court will likely view it as a "no harm, no foul" situation, though technically your former employer did stuff wrong.

Hope this helps.

Julian
06-13-2005, 10:33 AM
Man who cares.

Just let it go.

Seems like too much drama for a little bit of pocket change.


you got your dough.

Move on.

Just my opinion.

cave dweller
06-13-2005, 06:43 PM
Hey,

Do not sue them....

Fvck them and move on with your life..........

my 2 cents

cave dweller

Centaurion
06-13-2005, 07:06 PM
Man, you live in the U S of A! The land of the free, the land of the brave and the land of the retarded lawsuits!!!!!! Seriously, think about it this way, if some ****er can sue because the coffee was too hot and WIN, then I see no reason for you not to sue. Just come up with some 'emotional distress' crap and sue for all it's worth. Easy way to a couple of millions!!!

If I lived in the States, I'd sue left and right. Hell, if some ***** gave me a nasty look, I'd sue.

Julian
06-13-2005, 11:35 PM
yo cave dweller

quit stealing


my writing style

latars

SELF-MASTERY
06-14-2005, 12:39 AM
dude im planning a frivolous lawuit where I wipe out everyone... can you say vicarious liability

undesputable
06-14-2005, 01:24 AM
how much money are you talking about? if is worth it go for it, if you dont think is worth it then dont. Its law if your employer didnt abide by it, then you got to do something about it.

WillieSacks
06-14-2005, 06:20 PM
Thank s for all the replies fellas. I talked to a friend of mine and he told me that I would have had a legit case if I had just walked out of the job and not accepted the check (so basically I should have ignored him and walked out the door).

He said that since I accepted the check, that if I went to court then the judge would just think of it as me being a disgruntled employer trying to get back at the company....


Like I said I did get fired over some b/s, whcih I could fight and sue and probably win but I don't really know who to talk to and if would take a lot of time and effort.

It's all about timing I guess. If I had left 10 seconds earlier, I would have been out the door and had a case.


By the way do any of you REALLY think I could win if I took this to small clais court.. My check was $300 and I would probably sue for $900. I still haven't cashed the check yet since I'm still weighing out my options.

SELF-MASTERY
06-14-2005, 06:31 PM
take them to small claims....