13 N.C. Admin. Code 12 .0308 - FINAL PAY FOR SEPARATED EMPLOYEES
(a) For
purposes of
G.S.
95-25.7 and these Rules:
(1) "Separated employees" are employees whose
employment has been discontinued either voluntarily or involuntarily for any
reason.
(2) "The next regular
payday" is the payday for the pay period in which the separated employee's
employment is discontinued, except for bonuses, commissions and other forms of
compensation. "The next regular payday" for bonuses, commissions and other
forms of compensation is the first regular payday for the pay period in which
such wages become calculable.
(b) If an employee requests that the
employee's final paycheck be mailed, the employer shall mail the paycheck to
the employee at the employer's expense. Employers shall not withhold the final
paycheck because the employee refuses to come to the business office or place
of employment to pick up the paycheck. The employer may require the employee to
provide a notarized or witnessed written request for the mailing of the final
paycheck.
(c) If a final paycheck
mailed at the employee's request:
(1) Is lost
or stolen before the employee receives it, the employer shall replace the
paycheck upon request of the employee. The employer shall not deduct costs
related to replacing the check without written authorization from the employee
in accordance with Rule .0305 of this Section.
(2) Is lost or stolen after the employee
receives it, the employer shall replace the paycheck upon request of the
employee. The employer may deduct costs related to replacing the paycheck
without a written authorization from the employee. "Costs of replacing the
paycheck" shall include the cost of stopping payment on the lost or stolen
check.
(d) An employer
owes the employee the wages due until the employee receives the final paycheck.
However, if the check is dishonored by the financial institution against which
it is drawn, then the employer's obligation to pay the wages remains.
Notes
Eff. April 1, 1999;
Pursuant to G.S. 150B-21.3A rule is necessary without substantive public interest Eff. March 1, 2016.
Eff. April 1, 1999.
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