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Demotion as Constructive Discharge — company not paying final paycheck

Started by MusicProducer_ATL · Jul 3, 2023 · 3,410 views · 12 replies
For informational purposes only. This is not legal advice. Laws vary by jurisdiction. Consult a qualified attorney for advice specific to your situation.
MA
MusicProducer_ATL OP

Looking for advice on a legal issue. Here's what happened.

company not paying final paycheck. I've been dealing with this for about 2 months now and the situation isn't improving.

I have worked at this company for 10 years. My position is exempt and I do have a written employment agreement beyond the standard offer letter.

Should I hire a lawyer for this or try to handle it myself?

NS
newbie_student_2024

I work in this industry and unfortunately this is very common. The good news is that when people actually push back with legal representation, companies usually settle.

NI
newbie_investor_2023

I work in this industry and unfortunately this is very common. The good news is that when people actually push back with legal representation, companies usually settle.

EM
EmploymentLaw_Mike Attorney

I practice in this area. Here's my take on the legal issues.

This is a common situation and the law is fairly clear. Under OSHA regulations, a safety violation.

One important thing — there are strict deadlines for filing these claims. Don't wait too long.

WB
worried_business_owner_2026

I had a similar issue and ended up consulting with an attorney. It was worth the $200-300 for the initial consultation just to understand my rights.

WB
worried_business_owner_2025

I had a similar issue and ended up consulting with an attorney. It was worth the $200-300 for the initial consultation just to understand my rights.

JC
just_curious_student_question

Following this thread — I'm in a very similar situation. Would love to hear how it turns out.

AS
anon_seller_CA

I work in this industry and unfortunately this is very common. The good news is that when people actually push back with legal representation, companies usually settle.

TH
throwaway_homeowner_question

Have you tried reaching out to your state's bar association? They sometimes have free resources or mediation services.

AF
asking_for_friend_worker_MA

I work in this industry and unfortunately this is very common. The good news is that when people actually push back with legal representation, companies usually settle.

NR
NurseUnion_Rep

Been there. Here's what I learned.

The biggest mistake people make in this situation is hiring an attorney to send the initial letter. I'd recommend being patient with the process instead.

HM
help_me_seller_NC

Following this thread — I'm in a very similar situation. Would love to hear how it turns out.

RL
RetiredLawyer_FL

I went through almost the exact same thing.

In my case, it took about 4-8 months to resolve. The key was filing with the appropriate government agency.

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