Everyone gets a week held back because you are paid after you work the hours. And people aren't usually paid till the Friday of the second week. When done like this. You usually get one more check for the hours you worked whether a full week or a partial week.
How do you hand in your hours? Does your client give you a check or does a family member? I so hope you are paid by check. You will need to show hours not paid for and submit them to the Executor.
Lash, look at your pay stubs, they will show the pay period dates. Most likely you are being paid in the arrears. That means your pay period is a week behind, this is not the same as withholding pay, which is illegal where I live. Get that sorted out and you will be able to understand how much you are owed.
Yes, you are probably not going to get paid for anything from date of death forward but, they CAN NOT legally hold your pay for time you actually clocked in and worked. Your contract will clarify what you should have expected. If you don't have a contract, well, you are only entitled to payment for actual services provided.
Did you have a written employment contract? Is there anything in writing to prove they withheld your first paycheck? Or emails/texts mentioning this? If you were being paid in cash you won't be able to pursue this. Most small claims courts now have a much higher "minimum" for which you can pursue (like $2K or more). You must have some sort of written proof of your claim.
You might try in small claims court if you have documents. You file it to your patient estate or your employer. You can also request payment for court fees. But first, send a certified letter to your employer with your invoice that you still need to be paid. Keep copies of what you send. You can also send a second letter that you will file in court for non payment a couple of weeks later
How do you hand in your hours? Does your client give you a check or does a family member? I so hope you are paid by check. You will need to show hours not paid for and submit them to the Executor.
Yes, you are probably not going to get paid for anything from date of death forward but, they CAN NOT legally hold your pay for time you actually clocked in and worked. Your contract will clarify what you should have expected. If you don't have a contract, well, you are only entitled to payment for actual services provided.
Good luck finding another client asap.