Unpaid Wages

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Unpaid Wages

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I've lost my job.  When should I get my last paycheck?

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Whether you were fired, laid off, or resigned, your employer must pay you all amounts due, either by the next regular payday, or no later than 15 days after your last day at work, whichever is first.

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You are due all wages, earned vacation pay, and any other amounts your employer has agreed to pay you or you are entitled to by your employer's policies.

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You can find this law in Louisiana Revised Statutes, Title 23, at 23:631. These laws are in most libraries.

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My boss agrees he owes me most of the money I want, but he says he doesn't owe me part of it.  Does he have to pay me what he agrees he owes me?

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Yes.  Any part that he agrees you are owed, must be paid when due.

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Can my employer take money out of my last paycheck?

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Your employer should make the usual deductions - for example, for taxes. Some employers take out more money from a last paycheck, saying money is owed for breaking or taking something, or for another reason.  This may or may not be legal. You should speak with a lawyer if you do not agree with it.

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My employer has not paid me on time. What can I do about it?

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You can ask your employer for your money in writing. You may want to talk with a lawyer first. Below is a sample letter, but it may not be right for your case.

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Keep a copy of your letter. If you have to go to court to get your money, you may need to show the letter to the judge. If your employer will not pay, try to get a lawyer to ask for the money for you.

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If you have to go to court to get your money, and win, the judge should make your employer pay your lawyer's fees. The judge should also make your employer pay you extra money as a penalty.  You can usually sue your employer in the Justice of Peace, City or State District Court where you live. If you can't find a lawyer, you can often do it on your own. Many courts have forms that are easy to use.

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Here is a sample letter to send to your employer. Remember, this letter may not be right for your situation:

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SAMPLE DEMAND LETTER FOR UNPAID WAGES Your name Your Street Address Your City, State, and ZIP Code Your Employer’s Name Your Employer’s Street Address City, State, ZIP Code [The Date] Dear [EMPLOYER'S NAME]: My job ended on [______________put here the day of your firing, lay-off or resignation]. More than 15 days have passed since then and you still owe me money for my work. You owe me at least [____________put here the amount you believe you are owed].  I ask for immediate payment of the amount due.  If you do not pay this in full, you may become liable for payment of all costs and attorney's fees if I have to hire a lawyer and file a lawsuit to get what you owe me. You may also be liable for payment of additional money as a penalty, as well as legal interest. If you believe you do not owe me the full amount I have stated, but only a part of it, the law requires you to pay me immediately the amount you agree you owe me.  You should also tell me the reason why you are not paying the full amount. Please send the amount due me to my current address: [ put your address here] Sincerely, ___________________________ [Your signature and printed name]