Whether by choice or by force, leaving your job can be a very tough transition. It may be followed by a long job search that can be financially taxing on you and your family.
During this stressful time, your previous employer failing to issue your last paycheck shouldn’t be a concern. If you have an unpaid last paycheck, consult with a Phoenix employment lawyer at Weiler Law PLLC today. We can discuss your options for pursing a claim for the compensation you are owed.
Is your employer withholding your last paycheck? Contact our experienced Phoenix unpaid wages And last paycheck lawyer to schedule a consultation today.
Final Paycheck Laws Arizona
Final paycheck laws in Arizona differ based on if an employee is terminated or quits voluntarily:
When an employee is fired or laid off, they must receive the wages they are owed within seven working days from their last day or by the next payday, whichever comes first. If payment comes by way of check or money order, it should be dated with the day it was paid and should not be post-dated.
If You Quit
If an employee decides to leave their job, their employer must pay all unpaid wages, including overtime and earned commissions, by no later than the next regularly scheduled payday. An employee is able to request that their final check be sent by mail.
Unused Paid Time off (PTO)
The state of Arizona does not require companies to offer vacation time or PTO. Therefore, they do not have to pay out unused PTO if they do offer it. They also do not have to pay out unused PTO if there is a written policy in the employee handbook stating that unused PTO will be forfeited.
Unless it is a standard practice of the employer or stated in an employee’s contract, severance packages are not required by state or federal law to be paid out to terminated employees.
Can an Employer Withhold Your Final Paycheck?
Arizona law states that employers typically cannot withhold final paychecks. It is only allowed in cases where there is a reasonable dispute over the amount of wages due, such as the employer claiming a debt or a reimbursement from the employee.
The employer is still required to pay any undisputed portion of the employee’s wages within seven days or by the following payday, whichever comes first.
What To Do if an Employer Refuses To Pay You
If an employer refuses to give you your last paycheck, you may have the right to pursue a civil suit against them for your unpaid wages and damages.
If you do not wish to pursue civil action and your claim is less than $5,000, employees have the option of filing a complaint with the Industrial Commission of Arizona’s Labor Department instead. The claim will be investigated and the Labor Department will determine if the employer will be subject to fines and/or judicial action by the state.
Why Choose Our Firm?
- We have extensive knowledge of employees’ rights and a significant amount of experience successfully holding employers accountable for failing to meet their obligations.
- We provide legal services tailored to your needs as well as the individual attention that each case deserves.
- We understand what a difficult time this is for you and will make every effort to efficiently achieve your goals.
How Weiler Law PLLC Can Help
A wage and hour lawyer can evaluate your claim and advise you on the best course of action. Having an employment law attorney provide legal representation increases your chances of recovering withheld wages and possibly up to three times the amount you are owed in damages.
Our team of unpaid last paycheck lawyers will fight for you until you receive the wages you are owed. Call (480) 418-7878 and schedule a consultation to discuss your claim with one of our highly experienced lawyers today.
"If I ever have an employment law dispute like retaliation, I will contact them again."Kevin W.
"Everyone who worked with James pertaining to my case was AMAZING as well."Saquitta H.
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