The Original Poster (OP), known as u/jaytr22, posted about the situation in Reddit’s “Mildly Infuriating” forum where it received more than 81,000 upvotes and 3,300 comments. The post can be found here.
Employee Wages
A spokesperson with the Department of Labor (DOL), Edwin Nieves, told Newsweek that in many states employers are not required by law to give former employees their final check immediately.
“If the regular payday for the last pay period an employee worked has passed and the employee has not been paid, contact the Department of Labor’s Wage and Hour Division or the state labor department,” Nieves said.
He added that employees who have not received their last paychecks can contact the Wage and Hour Division at 1-866-4-USWAGE.
In many cases, the DOL can issue employers wage violations which require them to pay back wages to a former employee.
“Among other Department of Labor programs, back wages may be ordered in cases under the Fair Labor Standards Act (FLSA) on the various federal contract labor statutes,” Nieves said. “Generally, a two-year statute of limitations applies to the recovery of back pay. In the case of willful violations, a three-year statute of limitations applies.”
‘6 Months Later’
In the post, the OP explained that he recently received a void check from his previous boss at a chain grocery store—allegedly Kroger.
“My last job sent me my check exactly 6 months later so it’d be void and I couldn’t cash it,” the post read.
The OP also posted a photo of the alleged check, which was dated back to April 14, 2022, but not sent out until October 14, 2022. The check also said that all payments are void after 120 days from the issue date.
In the OP’s case, the check became void on August 12 but wasn’t sent through the post office until October.
A few days after posting, the OP said that he submitted a wage claim through the Office of Labor Commissioner in Nevada, the state he resides.
Redditor Reactions
Over 3,300 users commented on the post, many offering the OP advice for receiving payment from their employer.
“The Department of Labor will take care of that for you,” one user commented. “They sent payment well after they were legally required to and with a form of payment that was already void when they mailed it so that they’ve not even tried to pay you. Report that.”
“Depending on the State they may be required to pay penalties for each day they didn’t pay,” another commented. “CA [California] has severe penalties for withholding pay.”
“In case anybody is wondering, it’s within 72 hours if you quit and same day if you are terminated,” another commented. “The penalty is a full day’s wage for each day they’re late, up to 30 days worth.”
Another user commented, “120 days after April 14 is August 12. They super late yo.”
“Depending on where you live, you can sue the employer for withholding income up to two years,” another user commented. “In the case of a willful violation, a three-year statute of limitations applies, but once again, depending on the state where you live.”
“Call the wage and hour board. Business owner here, trust me, you will get your money and some if you call the wage and hour board,” another commented.
“Just report them to the labor dept with evidence of all the days they short you plus a copy of this check,” another commented. “You don’t need an attorney for this, check on their website.”
Newsweek reached out to u/jaytr22 for comment. We could not verify the details of the case.
Other Viral Posts
In another viral post, a boss was criticized for potentially exposing employees to radioactive waste in the office. Another company was slammed for threatening to dock employees’ pay for charging their phones.
One boss sparked fury online for sending an employee home after refusing to let him read through her personal text messages.
