Quote: (05-16-2015 09:50 PM)zaqan Wrote:
I had been meaning to calculate and present a report on pay that I am owed to HR (rather than go directly to the the Department of Labor or file a suit), but other things got in the way. So now, I am about to put in notice that I am leaving, and I remembered that I still need to do this. It could be as much as $1000-1500 I am owed. However, I feel that presenting this now, and then giving notice a few days later is impractical and imprudent. They could make everything miserable the last two weeks. On the other hand, it will be more difficult afterwards to go in and present my calculations since my ties to the staff are lesser. But of course, we read about post employment disputes all the time, so perhaps that is the best route. I intend to avoid the use of an attorney as there is no cost benefit to that for a small sum, and I think this can be done very well pro se. I have my own punch records for most of my employment, as well as all pay stubs.
I appreciate any advice or pointers.
Don't say anything. Yet. Give your notice. If they don't walk you out on the spot and let you stick around for another few weeks, then go to HR on your last day and explain to them why you think you're owed additional $ - I assume this is money beyond your last paycheck. Be calm, courteous and professional in your conversation. Tell them its fine if they include that extra money as part your final paycheck. If they say no and you don't agree with the reasons given, then thank them for their time and go on your way.
When you get home, send them an email summarizing:
1) the reasons you believe you're owed the additional money beyond your last paycheck (include the calculations and copies of any relevant records, etc.); and
2) what was said at your meeting and the reasons they gave you for not agreeing to pay.
End your email with a request that they pay up.
Assuming they blow you off or respond with another denial, wait til you get your final paycheck (most states require final paycheck be issued within a few weeks - and failure to do is typically a violation of state labor law), then send another email to your employer saying you're going to file a claim/complaint with the state DOL if they don't pay. Give them 7 days to respond. If they blow you off, file the complaint and send a copy to the company telling them you'll withdraw the complaint if they pay up with 7-10 days. If they continue to blow you off or deny that you're owed anything, then either work your way through the process with the state DOL or file in small claims.
Whatever you do, keep all your communications (in-person meetings, phone calls, email etc.) professional - even if they're not doing you the same courtesy. Consider that every email/letter etc. could be evidence that's going to be seen viewed by a state labor agency or judge so you want to take the high road at all times.
Good luck.
ps
Check your state labor department's website for FAQs on your state's labor laws and process.
