I got fired from a job 2 days ago and I should of received my check today. She didn't give it to me because she claimed she had to fill out ...

Question

I got fired from a job 2 days ago and I should of received my check today. She didn't give it to me because she claimed she had to fill out papers for unemployment before she gives me my check. Is this illegal

Answer

Louisiana's Wage Payment Statute states that an employer must pay all earned wages after termination or resignation "on or before the next regular payday, or within 15 days, whichever is sooner."

So, if you were terminated May 13th and your next regular payday was May 15th, then your employer is in violation of the statute if it did not pay you on the 15th. The excuse regarding filling out paperwork for unemployment is not valid. As a result, if you were to file suit, they could be liable to you for the unpaid wages, penalty wages in the amount of up to 90 days of your daily rate of pay, and attorney's fees.