Can I sue for punitive damages for withholding my final paycheck?

I was terminated from my employment and was never given my final paycheck. I wrote a letter and got a reply from an attorney that stated I must return items in order to pick up my paycheck. I do not have some of the items they are requesting I bring back. It has been two months, and I guess I have to take them to small claims court. Can I sue for punitive damages for withholding my final paycheck, and how much can I sue for?

2 answers  |  asked Aug 3, 2013 11:33 AM [EST]  |  applies to Florida

Answers (2)

Alfred Roush
Last paychecks are typically due within a "reasonable" time. Employers often ask for another pay period to process or a little time if the check will be written outside of payroll.
If you received a letter from an attorney I recommend consulting an attorney to review that letter with you and then contact their attorney or write a letter on your behalf. There are liquidated damages that may be added to damages in certain cases so they should be more than willing to cooperate assuming no surprise facts.
You can contact my office and we'll be happy to assist you with this matter.813-444-5300

Alfred Roush

posted by Alfred Roush  |  Aug 5, 2013 2:43 PM [EST]
Arthur Schofield
No punitive damages, however, claims for unpaid wages in Florida carry an attorney-fee provision. Before you spend money filing suit, I recommend that you retain counsel to contact your former employer to get this check. I often see a last paycheck held hostage for the return of items. It is generally worked out with a couple of phone calls. My office can assist if you wish.

posted by Arthur Schofield  |  Aug 5, 2013 05:58 AM [EST]

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