Getting paid the amount you are owed and on time can be the difference between paying bills on time and sliding into delinquency for some people. It can also be very confusing if the state or other organizations have taken money out of your paycheck, but you were not aware of these deductions beforehand.
When Must Paychecks Be Sent Out in Alabama?
Alabama does not have a specific law requiring when your paycheck should be sent out. You will need to check with your own company to find out what their policy is and when you should expect to be paid.
In many instances, the paycheck schedule will be set by the company and may be spelled out specifically in the employment contract. If the employer fails to send out checks at the agreed-upon time, then they may face legal liability. This can be a major issue if it is a widespread issue and many employees are affected by the violation.
It is important to keep track of when your paycheck is supposed to be sent out and to inform your employer if you never received it. While there may be delays due to holidays, processing, and weekends, be sure to inquire about the latest date the paycheck should arrive and when you should let them know if it does not show up.
What Happens to My Paycheck If I am Fired in Alabama?
There is no difference whether you were fired or quit as to when you can expect your last paycheck because Alabama does not have any specific laws about when you should get your last paycheck. It is up to the company to determine when you will receive your last paycheck.
If your employer provides paid vacation or sick benefits, then whether they have to pay you for any unused paid time off will be covered in your employment contract or company policy statements. So, it depends on what your particular company policy is about paying leftover benefits.
You might have to follow certain rules to qualify for the benefits, such as giving 2 weeks notice. If quitting affects your accrued leave, then the impact should be mentioned by your company.
Can My Paycheck Be Garnished Under Alabama Employment Law?
There are a lot of reasons why your paycheck might be garnished. Wage garnishment occurs when a person has outstanding debt that needs to be collected, such as unpaid child support. In a wage garnishment arrangement, the court authorizes the person’s employer to set aside some of their paycheck, to be used for the payment of the debt. The employer will then send the payment amounts to the court, or to a third party agency who will process it with the court.
You do not need a court order for your paycheck to be garnished for child support or child support arrears, unpaid income taxes, or student loan defaults. For money you might owe to other creditors, there must be a court order before they can take money from your paycheck for collections.
If your paycheck is being garnished, you can file a motion to stop wage garnishment if your income is very small and the garnishment is for a debt. You can also stop garnishment by declaring bankruptcy.
Under federal law, you can have your final paycheck deducted to cover property you did not return or damage. Since Alabama does not have its own laws about deductions, an employer can take out funds from your paycheck to cover any broken or lost property.
Can I Recover a Withheld Paycheck in Alabama?
When a company refuses to provide your paycheck, it is called withholding salary. Under the Fair Labor Standards Act (FLSA), there are a few things available to you via the federal government to get any money you are owed by an employer.
The Wage and Hour Division of the federal Department of Labor (DOL) can try to get unpaid wages for you. The Secretary of Labor can sue your employer for back pay and make your employer pay a penalty. You can also sue your employer yourself if you are not being given your paycheck. Finally, you can file a complaint with the State of Alabama Department of Labor, who will investigate on your behalf.
What is a Wage and Hour Claim?
In many cases, the issue with a paycheck has to do with the amount of hours the employee worked, or their pay rate. For example, a person might receive a paycheck, but it might not be for the full amount owed due to some issue with the calculation of the person’s hours. In other cases, the amount paid might not be correct because of an error, oversight, or intentional issue with their wage rate.
In these types of situations, a wage and hour lawsuit may be necessary. These types of claims allow the courts to review the situation and determine what type of remedy is appropriate for the employee. In some cases, many other employees may be affected as well (such as when there is a policy in the office that is in violation of wage laws).
Where Can I Find the Right Lawyer for a Paycheck Issue in Alabama?
Whenever you are trying to get paid, it can be a precarious situation. An Alabama employment lawyer can help you navigate the complicated paths within the government to secure the pay that you are owed and stand up against your employer who is withholding your paycheck.