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When Do I Get My Final Paycheck?

March 2, 2022/in Blog, Employment

When an employee resigns or is terminated, they usually wonder when they will get their last paycheck. When must a company pay a final paycheck, and when could it become wage theft? First, if an employee is discharged or terminated, then they must be paid “immediately upon demand.” That means that an employee can request […]

What Does “Protected Status” Mean in Discrimination Law?

February 12, 2022/in Blog, Employment

Have you suffered discrimination at your workplace? Are you wondering if there is anything you can do about it? How can you protect yourself? What laws are set in place to protect employees like you? Unfortunately, these are all questions that some employees may encounter during their employment. This may involve confusing legal terminology, laws […]

When Do I Get My Final Paycheck?

March 2, 2022/in Blog, Employment

What Does “Protected Status” Mean in Discrimination Law?

February 12, 2022/in Blog, Employment

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When Do I Get My Final Paycheck?

March 2, 2022/in Blog, Employment

When an employee resigns or is terminated, they usually wonder when they will get their last paycheck. When must a company pay a final paycheck, and when could it become wage theft?

First, if an employee is discharged or terminated, then they must be paid “immediately upon demand.” That means that an employee can request a final paycheck immediately after learning they were fired. An employer then has 24 hours to provide the final paycheck after that request or demand.

Second, if an employee gives proper notice of resignation, employers may provide a paycheck on the employee’s last day at work. But employers are NOT legally required to do so. An employer has up to the pay period following the employee’s final day (that is more than 5 days after the employee quit) to provide an employee their final paycheck. But it cannot be longer than 20 days after separation. So, if an employee resigned on the same day as their “payday,” that doesn’t mean that an employee will receive their final paycheck on that day.

If you resigned from an employer and the next pay period has passed and you did not receive full compensation you may be looking at potential wage theft. Similarly, if you resigned from an employer more than 20 days ago and you have not received your final paycheck, you may be looking at potential wage theft. State and federal laws prohibit various forms of wage theft.

If you have questions about wage theft, a final paycheck, or other employment law questions, please contact us today. We are happy to answer questions and assess if we can help with your situation.

What Does “Protected Status” Mean in Discrimination Law?

February 12, 2022/in Blog, Employment

Have you suffered discrimination at your workplace? Are you wondering if there is anything you can do about it? How can you protect yourself? What laws are set in place to protect employees like you?

Unfortunately, these are all questions that some employees may encounter during their employment. This may involve confusing legal terminology, laws and policies that can be difficult to understand, especially for someone who may be experiencing discrimination at the time. The good news is that there are laws set in place to protect employees from being discriminated against by an employer.

The Minnesota Human Rights Act (MHRA) and Title VII of the Civil Rights Act protect workers from discrimination. The laws refer to protected classes. It is illegal to discriminate against an employee because of their membership in a protected class. When it comes to employment discrimination, protected classes refer to a person’s race, color, creed, religion, national origin, sex, marital status, disability, public assistance, age, sexual orientation, gender identity, familial status, and local human rights commission activity.

This means that employers cannot discriminate against employees, or treat them differently, based on any of these protected classes. Now, discrimination can look different for everyone, and it can involve various types of negative treatment against someone, so it is important to speak to an attorney that specializes in these types of cases. The law in this area is complicated and changes frequently.

If you feel you have experienced discrimination or retaliation at work because you belong to a protected class, our attorneys at Kitzer Rochel are here to help. Please contact us today. We advocate on behalf of employees facing discrimination, retaliation, and whistleblower issues in the workplace.

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