Being an employee gives you certain rights, and the state of Mississippi will uphold those rights. One of these rights is the right to have your employer provide you with a paycheck for all of your earned wages on time.
When Does Mississippi Require Paychecks to be Sent Out?
Unlike most states, Mississippi does not have any state laws specifying how often your employer must pay you. Thus, federal law dictates how frequently you must be paid, which is either biweekly or semimonthly. The same law applies to all employees, regardless of whether they are salaried or hourly.
On the other hand, if your employer has stated a specific date or schedule in your employment contract, then they need to adhere to this. If they breach what is written in an agreement, they might be held liable for a violation (such as for missed or late paychecks). Employment contracts that are complex and contain many provisions may need to be reviewed by a lawyer before signing.
What Happens to My Paycheck If I am Fired in Mississippi?
Mississippi does not have any laws regarding when you should receive your final paycheck, so you should expect to receive it on the next schedule pay day. There are also no laws requiring paid vacation or sick days. However, if your company has that policy then they have to pay you for unused days if you are fired or quit unless the company clearly states that they do not pay you for unused time.
Can My Paycheck Be Garnished in Mississippi?
Wage garnishment is a procedure that courts sometimes allow in situations where the employee needs to pay off certain debts or outstanding payments. In such arrangements, the employer is allowed (and often required by the court) to set aside some of the employee’s wages, which will be used towards payment of the debt. In most cases, the employer can transfer the funds directly to the court for processing. In other situations, the funds may be transferred to a third party whose role is to specifically handle the money and transfer it to the court.
Taxes, child support payments, and payments for student loan debt can be garnished from your paycheck without having an order from the court specifically stating that wage garnishment is permitted. For other types of debt, such as unpaid credit card or medical bills, your creditor has to go to court first. Then, after they get a court order allowing garnishment, they can garnish your wages for that debt.
Mississippi does not have laws about deductions for property damage while working, so your employer can deduct your wages to cover any losses you may have caused. However, federal law makes it illegal to deduct so much that you make less than minimum wage.
How Do I Recover a Withheld Paycheck in Mississippi?
Since Mississippi does not have any specific state laws about when and if you can expect to be paid, it is usually better for employees to sue their employers directly for missing wages. You can also reach out to the US Department of Labor and see if they can assist you in filing an unpaid wages complaint against your employer.
In cases where there are disputes over the amount in a paycheck, a wage and hour claim may sometimes be necessary. This is where the court determines whether the employee is eligible for back payments on missed wage amounts, damages, and other issues. Some common legal disputes involved in a wage and hour claim include:
Disputes over late or missing paychecks;
Disputes over minimum wage rates or overall wage rates;
Conflicts regarding tips and other alternative payment methods;
Issues regarding overtime pay, overtime hours, and other policies;
Legal issues involving company pay schedules and policies;
Issues involving child labor laws; and/or
Various other legal issues.
When involved in a wage and hour claim, it is advisable for the employee to begin compiling items and documents that might be used as evidence in court. This can include important documents like employment contracts, employee handbooks or work policies, past pay stubs or checks, bank account statements, and other similar items. An attorney can assist when it comes to the collection of these types of documents.
Does Mississippi Law Require Me to Pay for My Uniform?
Mississippi also does not have laws concerning paying for uniforms or any necessary medical testing before being hired. So, employers can ask you to cover these costs without a promise of reimbursement, so long as you are still making minimum wage after these costs are taken out of your paycheck. Expenses related to other items such as vehicle usage may be subject to agreement between employer and employee.
Where Can You Find the Right Mississippi Lawyer?
It is important that you find legal representation to help you with your paycheck issues. An employment lawyer in Mississippi can represent you in court against your employer if you have to sue them to get your earned wages. Your attorney can also provide advice and guidance if you have any specific questions or inquiries.