Massachusetts Final Paycheck Demand Letter

Introduction

Key Things to Know

1. 1

   A final paycheck demand letter is a written demand a departed Massachusetts employee sends a former employer to collect unpaid final wages, before filing a workplace complaint with the Attorney General Fair Labor Division or suing.

2. 2

   If the employer discharged or laid off the employee, the employee shall be paid in full on the day of discharge (M.G.L. c.149 Section 148).

3. 3

   If the employee quit, the employee shall be paid in full on the following regular pay day, and where there is no regular pay day, on the following Saturday (M.G.L. c.149 Section 148).

4. 4

   The Massachusetts Wage Act is strict: an employee who prevails on a claim shall be awarded treble damages, as liquidated damages, for lost wages and benefits, plus the costs of litigation and reasonable attorney fees (M.G.L. c.149 Section 150).

5. 5

   Massachusetts final wages include earned pay and any holiday or vacation payments due under an oral or written agreement, which the Wage Act counts as wages (M.G.L. c.149 Section 148).

6. 6

   A Massachusetts employer cannot by a special contract or any other means exempt itself from the Wage Act, so it cannot use side agreements or offsets to avoid paying earned final wages (M.G.L. c.149 Section 148).

7. 7

   If the demand is ignored, a Massachusetts worker can file a workplace complaint with the Attorney General Fair Labor Division, and the deadline to bring a civil action under the Wage Act is three years (M.G.L. c.149 Section 150).

Massachusetts Requirements for Final Paycheck Demand Letter

• Final Pay Is Due the Day You Are Discharged

  If a Massachusetts employer discharges or lays off an employee, the employee shall be paid in full on the day of discharge (M.G.L. c.149 Section 148). Your demand letter should state that this deadline has passed.

• Final Pay If You Quit: Next Regular Payday

  If a Massachusetts employee quits, the employee shall be paid in full on the following regular pay day, and where there is no regular pay day, on the following Saturday (M.G.L. c.149 Section 148). State your last day and the resulting due date.

• Mandatory Treble Damages for Late Wages

  Under the Massachusetts Wage Act, an employee who prevails on a claim shall be awarded treble damages, as liquidated damages, for lost wages and benefits, plus the costs of litigation and reasonable attorney fees (M.G.L. c.149 Section 150). This treble award is required, not discretionary. Reserve these rights in your letter.

• Vacation Pay Counts as Wages

  Under M.G.L. c.149 Section 148 the word wages includes any holiday or vacation payments due an employee under an oral or written agreement. Where your employer policy or agreement provided paid vacation, list any accrued unused vacation owed along with your earned unpaid wages.

• Limits on Deductions From a Final Paycheck

  Under M.G.L. c.149 Section 148 no person may by a special contract with an employee or by any other means exempt himself from the Wage Act, so an employer cannot use side agreements or offsets to avoid paying earned final wages. Dispute any deduction that reduces your earned final wages below what is owed.

• Where to File a Wage Complaint in Massachusetts

  If the demand is ignored, a Massachusetts worker can file a workplace complaint with the Attorney General Fair Labor Division and select the Non-Payment of Wage option; the Attorney General may investigate or issue a private right of action letter that lets you sue (Massachusetts Attorney General Fair Labor Division, File a workplace complaint). Keep your records for the claim.

• Send With Proof of Delivery

  Send the demand to the employer address using a trackable method such as certified mail with return receipt, and keep a copy of the letter and the delivery record. Proof that you demanded your final wages supports a later workplace complaint or lawsuit.

• Deadline to File for Unpaid Wages

  Under M.G.L. c.149 Section 150 an employee may bring a civil action within three years after the violation, after filing a complaint with the Attorney General and either waiting 90 days or getting the Attorney General assent in writing. Filing promptly is the practical course.