мне удобнее писать на английском, но если вы хотите задавать вопросы по-русски - ради бога. Я бы вам посоветовал отправить (by certified mail) бывшему работодателю письмо приблизительно следующего содержания:
__________________________________
date
your address
your employer's address
Dear Mr. Ass,
I am writing this letter in regard to my [your] recent decision to terminate my employment with Mr. Ass, Inc. (MAI) and MAI’s subsequent refusal to remit wages earned by me during my last seven working days with MAI. MAI, through its management [or you personally], has conveyed the aforementioned refusal to me in no uncertain terms on more than one occasion.
Whereas I am grateful to MAI. for being my employer these past months, I also understand that non-payment of earned wages is illegal in the State of New York (according to New York Unpaid Wages Prohibition Act – please see Appendix B). In light of this I ask that my last paycheck payable to me, J, be mailed (postmarked no later than Tuesday, September 23, 2003) to the address below:
Lil J
Brooklyn, NY
The same should also be true for my employer-provided Form W-2 – it is to be mailed to same address within the time period (30 days) mandated by federal law. These demands are non-negotiable and fully supported by existing legal regulations. Should MAI fail to provide me with either my last paycheck or the Form W-2, I will be forced to seek legal recourse against Mr. Ass, Inc. (MAI), its officers and owners; I will also notify the persons and organizations listed in the Appendix A. Please consider yourself so notified.
Once again, I would like to thank MAI and you personally for the opportunities afforded to me. I expect the final wage payment in the mail by Tuesday, September 23, 2003 and would like to wish you luck in your future endeavors.
Sincerely,
J
Appendix A
Copies to:
§ New York State Division of Labor Standards
New York City District
345 Hudson Street
New York, NY 10014
§ Internal Revenue Service
Holtsville, NY 00501-0002
§ Personal records
Appendix B
This should help you to better understand your legal position. In order to make the law easier for you to comprehend the legal acts referred herein are explained in plain English (when imparting U.S. Internal Revenue Code the exact quote is also provided). For further details please consult your attorney.
New York Unpaid Wages Prohibition Act (Labor Law § 191, 1997): Remedies available to workers include payment of back wages, benefits or wage supplements, a civil fine of up to $1,000 for first-time offenders, and twice the back wages, benefits, or wage supplements due for repeat offenders or egregious violations. The act provides for the minimum fine for underpayment or non-payment of wages from $100 to $500, and the maximum fine from $10,000 to $20,000. The legislation makes a second violation of the wage payment law a felony.
U.S. Internal Revenue Code, Title 26: In general, employers must provide employees with a 2001 Form W-2 by January 31, 2002. However, if an employee leaves his/her employer before the end of the year and requests his/her Form W-2, the employer must provide his/her Form W-2 within 30 days of the request.
“d) Time for furnishing statements--(1)(i) In general. Each statement required by this section for a calendar year and each corrected statement required for the year shall be furnished to the employee on or before January 31 of the year succeeding such calendar year. If an employee's employment is terminated before the close of such calendar year, the employer, at his option, shall furnish the statement to the employee at any time after the termination but no later than January 31 of the year succeeding such calendar year. However, if an employee whose employment is terminated before the close of such calendar year requests the employer to furnish him the statement at an earlier time, and if there is no reasonable expectation on the part of both employer and employee of further employment during the calendar year, then the employer shall furnish the statement to the employee on or before the later of the 30th day after the day of the request or the 30th day after the day on which the last payment of wages is made. For provisions relating to the filing of the Internal Revenue Service copies of the statement, see § 31.6051-2.”
________________________
good luck
