Many people do not know much about their rights regarding Tampa wages in cases of termination. Every hour an individual works, they are owed those wages and if they are not paid those wages, then the employer will be forced to pay the attorney’s fees and costs necessary for the proving of the wages that an individual is owed. If your employer terminated you without paying you the wages you are owed, consult a determined wage and hour lawyer that could advocate for you.
How Do Wages in Cases of Termination Issues Occur?
Tampa wages in cases of termination issues often come about because an employer will withhold the final check. They will say that they are back-charging these employees for money that they caused the employers to lose.
This has happened a couple of times with cellphone companies when these employees have their last commission check that are supposed to be paid to them and the employer will withhold them and allege that the employee damaged equipment so the company is back-charging them. The employers cannot do that. They cannot withhold the final check.
However, the company can make claims against an individual for money that they may owe the company. In that instance, the individual would have to take it out of their bank account because the employer cannot keep money that an individual is already owed or that is an unpaid wage or unpaid commission claim which carries with it the attorney’s fees and costs provisions. Whether an individual is fired or they quit, whatever hours they worked, they are owed those wages.
Unpaid Wage Claims and the FLSA
Something that occurs with wages in cases of termination in Tampa, is that the employee might seek compensation for unpaid wages. Unpaid wage claims, specifically, are a totally separate category from the FLSA. An individual can be a lawyer, doctor, pharmacist or anything. If an individual is an employee of anybody, they are owed those wages that they worked for because the employee conferred a benefit on their employer.
If the employer does not pay the employee those wages, then they can file a lawsuit for unpaid wages or even unpaid commissions and then they have to pay those unpaid wages and commissions and they also have to pay the attorney’s fees and costs.
The only difference is that the FLSA entitles an individual to liquidate the damages if an individual is not paid the overtime and minimum wages and the person is a non-exempt employee. For an unpaid wage claim, they do not get to liquidate the damages but they do get the attorney’s fees and costs.
There is a difference between minimum wage claims and overtime claims versus an unpaid wage claim. It does not matter how much money a person makes and there are no exemptions for unpaid wages. This is not covered by the FLSA. So, the FLSA protects those non-exempt employees from being taken advantage of for their employers for unpaid overtime or unpaid minimum wage.
Commonness of Cases Where Employers Withhold Checks
Sometimes, when it comes to Tampa wages in cases of termination, it is common for the employer to withhold the final check. Whether they are mad at the employee, whether they want to entice the employee to come back or whether they want to punish the employee for something they feel they did wrong, they sometimes will withhold that final check and that is improper. They have to pay the individual for all of those hours they worked prior to their termination or their resignation.
Misconceptions About Wages Due at the Time of Termination
One popular misconception in Tampa about wages in cases of termination is that people think that if they are fired for cause, that the employer does not have to pay them for those hours that they worked on their final pay period.
Sometimes, employers will bully employees to make them think that they are not owed their final paycheck because they did such a bad job and they should not even deserve to get paid for that time. In reality, if an individual is there working, even if he or she is doing a bad job until they are fired, they are owed the hours that they were there working.
Factors Lawyers Look for When Dealing With Wage Cases
If the employer misses the date on the pay period that the money is owed, that is a red flag. If the employee is not given a check when they walk out of the office, that may be a red flag. If the employer threatens to withhold their final pay or any part of their final paycheck, that is a red flag. If the employer has withheld paychecks in the past and the employee is worried they are going to do it again, that is a red flag. If an individual notices any of these Tampa wages in cases of termination red flags, they should consult an attorney that could attempt to protect their rights and achieve a positive outcome for them.