Walk It Through: The Last Paycheck
The regular payday, up to 200 percent more, and the employer's burden on misconduct.
A machine operator is laid off on a Tuesday when the plant cuts a shift.
Two things a person in this spot might do. Picking one shows what the law says about it.
One layoff that became a dispute. The criminal penalties, retaliation, the quit rule and gross misconduct are not worked through here.
A practice walkthrough, not a prediction of how any real one will go. Legal information, not legal advice.
Words this turns on
Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.
- Liquidated damagesAn amount on top of unpaid wages, up to 200 percent of them, that an employee who sues for wages due may recover, with costs and reasonable attorney's fees.
- Regular paydayA payday set in advance. An employer pays the full wages due at least twice each calendar month on regular paydays.
- Good causeOne of the grounds the statute lists, without which the Superior Court may not remove a residential tenant: unpaid rent, disorderly conduct or broken rules continued after written notice to cease, damage to the premises, habitual late rent, and others.
- Good cause attributable to the workThe reason for quitting that keeps unemployment benefits. A person who left without it is disqualified until reemployed, working eight weeks and earning at least ten times the weekly benefit rate.
- MisconductImproper, intentional conduct within a person's control that deliberately refuses the employer's lawful and reasonable rules or disregards standards the employer can reasonably expect. A discharge for it disqualifies for that week and the five weeks that follow.