Employer holding pay checks

If an employer holds paychecks for lack of funds, how long can an employee wait before they can open a claim for unemployment compensation? Can the employee still work for the employer or must they be separted? What recourse does the employee have to recover lost wages?

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  • A person can file a claim anytime they wish. However, the claimant will not be eligible unless unemployed. A general rule of thumb is to not file any earlier than Monday of the week following the week in which you were separated. Yours is an issue different from UI though. Contact your state labor board about non-payment of wages, or the DOL regional office. Surely you are looking for other employment by now.
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