Final check ?

[Luger]

My former employer still owes me earned wages and is not paying me. I have filed a complaint in small claims court. He did send me a small check for money he withheld illegally, but it says "Final check" My question: If I cash this check, does it stop me from still taking him to Court, since I would be agreeing to his terms?

 

[cbg]

Impossible to say without more information.

In what state are you?

What percentage of the amount owed you does the check represent?

Does the check he has provided represent AT LEAST minimum wage (or the higher of state or Federal minimum wage, if different) times hours worked?

What were the terms under which you were to be paid?

As you can see, it's not a simple question.

 

[Luger]

I'm in Colorado. I was an OTR driver for this man. He owes me in the neighborhood of $1700.00. He sent me a check for $200.00. Terms of payment were to be .30 per mile, but he has been paying me .27 per mile, and I cashed those checks. He owes me for three weeks I was out on the road, he has not paid me any of that. I was told while on the way back home that I had a check waiting, when I got home, there was no check.

 

[cbg]

Under those circumstances, I think you'd better discuss it with a lawyer in your state.

 

[Luger]

Thank you. I wish I could afford a Lawyer.

 

[cbg]

Many will give free or low cost consultations. You never know until you try.

 

[Luger]

I've already tried, that's why I came here. Thanks.

 

[cbg]

Have you talked to the DOL in your state?

 

[Luger]

Yes, since this comes under DOT authority, they can't do much.

 

[cbg]

Then I'm out of ideas. Sorry.