Termination - Owed Wages Payment & Documentation Regulations

[Donatien]

At the time I was laid off(in Massachusetts), I was owed a total of 4 weeks salary(the previous week's pay as well as 3 weeks of unused vacation pay that I had accrued over the course of my almost 7 years with the company. My employer claimed that he had researched unemployment benefits as a favor to me and that he would pay me the 4 weeks of earned wages over the course of the next 2 pay periods(2 checks the next pay day which was 6 days away and 2 checks the following pay day).  He failed to do this both weeks, in spite of the fact that I contacted him after he failed to do it the first week and instead I received 1 check each week for the next 4 weeks which disqualified me for unemployment insurance because it appeared that I was still working.  The unemployment information that my employer did give me(verbally) was incorrect.

Based on the following information, it is my understanding that my employer was required by law to pay me all of the owed wages either at the time of my termination or within 6 days of it.http://www.mass.gov/?pageID=cagopressrelease&L=1&L0=Home&sid=Cago&b=pressrelease...http://masscases.com/cases/sjc/454/454mass63.html

Also, at the time of my termination(and since) I was not given any documentation and didn't sign anything either.  It is my understanding that employers are required by law to provide information on how to apply for unemployment insurance benefits which my employer did not do or have posted anywhere at our workplace.  This is based on the following:http://www.mass.gov/?pageID=elwdterminal&L=3&L0=Home&L1=Businesses&L2=Unemployme...http://www.mass.gov/Elwd/docs/dua/0590a_508.pdf

Given my employers failure to pay me my owed wages within the time required and failure to post or provide me with unemployment insurance information, what recourse(if any) do I have?

Thank you for your time!

[Melvon]

David,

You have done quite a bit of good research.  At this point I would suggest that you file a wage complain with Attorney General’s office.  See following info:

Office of Attorney General Martha Coakley

Fair Labor Division

(617) 727-3465*

www.mass.gov/ago http://www.mass.gov/?pageID=cagoterminal&L=2&L0=Home&L1=Workplace+Rights&sid=Cag...

Regards,        

Michael Lore         

The Lore Law Firm         http://www.overtime-flsa.com/         

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