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legal questions regarding last paycheck/W2 - devilsadvocate

Posted: Feb 09, 2012

Hey all, I have a question. I was just notified last night that I no longer have a job today due EMR taking over (she has known for a week but never told us until the last minute). So she owes me $1200 (payday tomorrow) but she is saying that she is withholding my entire $1200 check until she receives her $100 foot pedal back. Just wondering if this is legal? Everything I have searched online says that it is NOT. She is in Missouri and I am in Michigan. Also, I have an email from her sent yesterday stating that she just sent out W2's yesterday. Considering this is supposed to be done by 1/31, just wondering what the repercussions are for this. I was not trying to play nasty with her and had every intention of mailing her foot pedal back today, but I could really use that money when I am supposed to be paid. I am sending the foot pedal back with delivery confirmation and a signature required so that there is no question of it "not getting there" but just wondering what, if anything, I can do to ensure my money doesn't conveniently get "lost" or some other such nonsense.

last pay check - mt33

[ In Reply To ..]
Did you sign anything when you were hired that had the parameters of the final check and return of equipment addressed? I just left a place a few weeks ago and my check was held until I returned equipment. Major motivation to do so, right? It's likely not legal, but I did sign an equipment agreement. I received my check 3 days after the equipment was delivered. (She actually put the check in the mail the days she received the equipment.) So get the pedal mailed back and grab that pay check. (I know TTS will sue you for a foot pedal, so hopefully it's not her you work for.)

Now, ALL of that being said- are you an IC? Because if you are, remember employee laws regarding your check do not apply. Also, if I remember my dates right, the 1/31 date for tax forms is only for employees. I think for contractors it's like mid February.

The deadline is 1-31 for employees and contractors - Happy MT Robin

[ In Reply To ..]
You have unti 02/15 to receive the W2 or 1099, but it must be postmarked by January 31. Call the IRS or let her know that you are going to call the IRS if it is not postmarked by today at least. I had to do that with a former employer one time and the threat was enough to get me the document. The info in the IRS website says wait until 02/15 and if you don't have it by then, give them a call.

I don't know if/what they'll do if you get it before 02/15, but it's post marked late.

still no W2 - devilsadvocate

[ In Reply To ..]
I did send the foot pedal back (overnighted it to her). I have no use for it, as it works only with her software. The problem is, she owes me actually 2 checks but is combining them and as I get paid a paycheck, labor laws do apply. You can't hold a $1200+ check for a $100 piece of equipment.

It really just irritates me that she did it the way she did and no, it's not TTS, it's a small company that lost everything to a different company/EMR. She just informed me last night that I no longer have a job and that's after a week of me sending her emails asking where the work has been and then gets all demanding about her foot pedal when it was the middle of the night. She will have her pedal by tomorrow at 3p.m. and I emailed her tracking information and asked that the check be sent by Saturday.

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