Worens Group AgraTronix Corporate Imageworks Gerald E. Stephens Calculated paycheck incorrectly, paid wrong gross amount. Neglected to pay last paycheck for 5-1/2 days. Warren, Ohio

I was employed by this company for 2-1/2 years and received raises and a promotion during that time. On July 16th, I handed in my resignation after the company’s management changed hands. I gave the company 2 weeks notice, but was told I was not needed for the 2 weeks.

Received paycheck for Pay Period 6/25/09 through 7/08/09 (as printed on my paystub). Gross amount was figured incorrectly. For four days, my salary gross should have been $583.36. For six days, my salary was decreased and the gross I should have been paid was $738.24.

$583.36 plus $738.24 = $1321.60. My gross for that pay period should have been $1321.60. Instead I was paid $1107.69.

For the Pay Period 7/09/09 through 7/22/09, the company owes me for days worked on 7/9, 7/10, 7/13, 7/14, 7/15 and 5 hours on 7/16 (my last day of work).

I am a salaried employee and have been for 2-1/2 years, since the first day I worked there. We receive paychecks prepared by a payroll company, but the figures are turned in by the company payroll person.

When I presented the above figures to the controller, owner, payroll person and “consultant” of the company, I was told that the Pay Period dates printed on my paycheck were only for HOURLY employees, not for salaried employees. They contend that salary employees’ pay periods run from the 1st of the month through the 15th of the month, then from the 16th of the month to the last day of the month. I have never been informed of this, verbally or written.

After changing the pay periods to suit their needs, according to them they only owe me for 5 hours on 7/16. Once they deduct the monthly fees for medical and dental insurance, they contend I owe THEM money and sent me an invoice for that amount.

My paychecks have ALWAYS had the pay period printed on the top of them, they have run consecutively and consistently since the day the company began using the payroll company, and I have the paystubs for proof.

I have written documentation of everything I have stated above.

Many companies have hourly and salaried personnel. It is my understanding that in this situation, TWO payrolls should have been calculated, especially since the pay periods are different.

In my opinion, at most, this company has done something illegal. At the least, they are engaging in deceptive and inaccurate payroll reporting, and are ripping people off. Since the Pay Periods are printed on the checks, in my opinion, the company should own up to their bookkeeping errors and make it right with whatever employees they have shorted, based on those false pay periods.

Since the amount owed me is relatively small by attorney’s standards, I have NO recourse to recover this money. The state will only recover minimum wage and no vacation pay (two of the days owed me are for paid vacation days, as outlined in the company’s employee manual.) I could file a claim in small claims court, but once I get a ruling, it is nearly impossible to get the company to actually pay the amount owed.

I have been told by other former employees who resigned or were laid off that they were also denied their final paychecks. If this were found to be true, short of a class action suit filed on behalf of all of us, this company is going to get away with very deceptive business practices.

I wanted to file this report so anyone else going to work for this company could be very aware of what may happen when they leave the company’s employ, voluntarily or because of a layoff.