'My attorney calls me and says they've settled': Employee fired without final paycheck ready, lawsuit costs company $19,000

Author image for Isabella Penn
Isabella Penn
Feb 10, 2024 5:00 PM EST

Being unexpectedly fired has to be one of the worst blows you can receive. Luckily for this employee, he already knew his state rights as an employee and chose the perfect time to execute them. In the story, the OP was fired for not following the company's new policies, which he believed would cause the company bigger issues. But unfortunately, the company's policy was already established by higher authorities, and there was nothing he could do about it. As a result, the OP was fired. During the termination meeting, he asked for his final paycheck. HR informed him that he would not be receiving it until the end of the month, just like all of the other employees. Which the OP knew was illegal. So, he went home and contacted an attorney to seek legal advice, and plotted his revenge. Keep reading to see how the rest of this story plays out. You might just want to check up on your state rights in case you find yourself in a similar situation! 

And when you're done, read about these red flags that scream, 'do not work here.'

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  • 01
    ^ Posted by u/collector-x 1 day ago Got fired but the company did not have my final check ready, so I sued. It cost them thousands.
    via u/collector-x
  • 02
    This happened 8 years ago. No names will be used as it could still come back on me. Also, I am very aware of my states employee rights policies, as I had to help write an employee manual at a previous job, a few years earlier.
    via u/collector-x
  • 03
    Onto the story. I now work for a national craft store chain. The department I was in had regional managers (RM) over this particular department. We had an
    via u/collector-x
  • 04
    inspection and I was told certain policies were going to be changing. I told the RM this was a bad idea as it concerned customers items that could be damaged and gave an example of this very situation that had occured the previous week. RM
    via u/collector-x
  • 05
    did not like her instructions challenged and was pd that I would dare question her. A week later, 2nd week of the month, 3pm on a Thursday, I get pulled into the store
    via u/collector-x
  • 06
    manager's (SM) office along with store assistant manager and corporate HR on speaker phone. I am informed that I am being let go for not following directions & push back on company policy. They have a
    via u/collector-x
  • 07
    paper for me to sign, listing out the discretions. They are all true. I try to explain my actions to SM & HR explaining that compliance with the new policy, which I tried to explain to the RM as well, could open
    via u/collector-x
  • 08
    company to lawsuits for damage to customer's personal items. Apparently, the RM is the one that forced SM to fire me because RM doesn't like to be questioned.
    via u/collector-x
  • 09
    Fine, so i sign paper and ask for my final check. SM, tells me it will be issued at the end of the month along with everyone else's. I point out that this is against state law and I want my check now. (~ $1200). SM
    via u/collector-x
  • 10
    seems confused and corporate HR says company policy is all checks, regardless of state policy will be paid at end of the month which is the next pay period. I just say OK and walk out the doors.
    via u/collector-x
  • 11
    As soon as i get home, i contact a wage attorney, explain what happened and he says he will email me a packet to look over and sign giving him permission to initiate the lawsuit.
    via u/collector-x
  • 12
    Disclaimer, which I think every attorney has, is that if my side loses, I will have to pay his fees. They are $400/hr. In my state, if your final check is not given to you at the time of termination, then for every
    via u/collector-x
  • 13
    day it's late, the terminated employee is owed 8 hours of pay. For reference, if the company waits till the end of the month, that's 15 days of extra pay they will owe me.
    via u/collector-x
  • 14
    My attorney tells me to go no contact with the company. Do not answer any calls, let all calls go to voicemail, forward them along with any emails directly to him if they try to contact me.
    via u/collector-x
  • 15
    He just tells me what I already know, that the longer they take, the more money i will get. Two weeks later, my attorney calls me and says they have settled and company will be sending him my final paycheck
    via u/collector-x
  • 16
    with 15 additional days of pay included. It was settled with gross pay, but they didn't want any tax liability issues, and so i agreed to withholdings so everything would be kosher on my W2.
    via u/collector-x
  • 17
    I get a Next Day FedEx delivery with my check along with some paperwork i have to sign and a statement showing the attorneys fees as well. I got my full pay, including the extra days which was about $3,000. My attorney's fees were
    via u/collector-x
  • 18
    close to $9,000 and the company's attorney fees were $7000. My attorney explains that I am entitled to a statement because the fees are part of the settlement and have to be disclosed per state law.
    via u/collector-x
  • 19
    In the end, because the company didn't cut me a $1200 check, it cost them about $19,000. The funny part in all this is that as part of the settlement, if I want to, i can still reapply to the company for any qualified open position. I laughed at that thinking, "Yeah right. They're gonna rehire me if i apply". I doubt it.
    via u/collector-x
  • 20
    O
    via Anna Shvets

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