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Jean   Murray

Employees Can Sue for Non-Payment of Wages

By June 3, 2009

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What if your business is in trouble and you have to cut costs? Cut overhead or lay off employees, but don't expect employees to go without getting paid. You have a legal obligation to pay employees wages due to them. And they can sue you to get paid.

If you need help with a non-payment issue: I understand your frustration with your situation, but I am not an attorney and I am not able to answer individual questions or comments on this article about non-payment of wages. If you have an issue with non-payment of wages, you can hire an attorney to attempt to get these wages paid to you, or you can file a complaint with your state employment office.

Non-payment of Overtime

Don't try to play games with these legal obligations by playing tricks with employee pay. In one case, the Sugar Plum Fairy Baking Company was sued by employees for non-payment of overtime, along with other labor law violations. The company is alleged to have paid employees in two checks. One check was for wages up to 40 hours a week, from which deductions were taken. The second check was for overtime at straight time with no deductions taken. If these charges are true, the company's practices are illegal on several counts:

  • The Fair Labor Standards Act (FLSA) requires that overtime be paid over 40 hours worked in a week, at the rate of 1 1/2 times. For example, if the employee's hourly rate is $10, any hours worked over 40 in a week would be paid at $15. Some states may have overtime variations but most require that overtime be paid at a higher rate.

     

  • Deductions are required from all pay. This includes withholding for the employee's federal and state income taxes, and the employee's portion of the FICA (Social Security) and Medicare withholding. Not deducting from the overtime checks affects the employee's taxes and understates the liability for employment taxes.

Using Paychecks as Punishment
You are also not legally able to withhold a paycheck as punishment for employee non-compliance with rules. In a case in Oregon, an employer wanted to withhold paychecks from employees who did not sign time sheets in a timely manner. This is also a "no-no." You as the employer are responsible for tracking hours worked and paying employees on regular paydays. Employers who want to discipline employees must find a different way to do it besides withholding paychecks.

If you Declare Bankruptcy
If you declare bankruptcy and you owe money to employees, they become creditors just like others and they may not get paid all they are owed. Employees are not in the top priority class of creditors, and their wages, salaries, or commissions must have been earned within 180 days prior to the bankruptcy, to a maximum of $10,950 for each individual. So, while these payments are limited, they are still part of the bankruptcy payout.

So in case you are considering playing "fast and loose" with employee pay, don't.

Read more about What to Do about Non-payment for your Services.

 

Comments
January 10, 2010 at 10:13 pm
(1) kevin zumalt says:

I was wondering if my empolyer did not pay me for a month worth of pay and I was later let go. I’m still waiting on some of my pay and was wondering the laws on this matter.

January 11, 2010 at 1:47 pm
(2) biztaxlaw says:

This is an excellent question. I’m going to put it on the Forum (http://biztaxlaw.about.com/forum) as a new thread, so I can address your question in detail. The title is “Employer Required to Pay Wages.”

January 29, 2010 at 8:39 pm
(3) Dwight D says:

I would like to know on what I can do to report my previous employer for non payment part of my wage, He was holding a check for 25% of my paycheck that he deducted. Ive tried to many times to get what they owe me and until now for 3 months now I am still awaiting for it. Can I report the employer to credit bureau? What Can I do? Please help.

February 1, 2010 at 10:49 am
(4) biztaxlaw says:

Start with your state’s employment bureau, which can initiate a claim against the company. You may also want to get an attorney; I know they are expensive, but a good attorney has a better chance of getting money than you do on your own.

February 10, 2010 at 9:09 pm
(5) SBS says:

I would like to know, if my employee hasn’t paid my current paycheck, it is past the EDD’s 10 day limit (in CA), and there is no word on when paychecks will be issued, but I haven’t been fired, at what point do I have the right to consider myself laid-off and may file for unemployment?

February 12, 2010 at 1:13 pm
(6) biztaxlaw says:

I would suggest you check with the California employment department. They can contact your employer and see what’s going on. If other employees are in the same position, others may already have contacted this department too.

February 14, 2010 at 2:02 pm
(7) Phil says:

I started as a contract employee and the contract clearly states I am to be paid every 2 weeks beginning 02/12/10. I have not received a paycheck and the company claims to have mailed the check on Feb 8th. I have incurred approx $1500.00 in expenses with this job. As the contract clearly states I am to be paid on Feb, 12, are they in violation of the contract? Direct deposit was set up prior to my beginning work but the company chose instead to mail the check. Is the company’s obligation to insure I am paid by Feb 12?

March 12, 2010 at 11:21 am
(8) JJ says:

I worked for a company as a contract recruiter, the company later went out of business but one of the candidates that I had submitted for a job was actually hired, can I sue the owners for the money?

June 21, 2010 at 2:13 pm
(9) KingCA says:

Since Dec. 16, 2009 my employer did not pay us our payroll / wages. Towards 2010, they only issued us checks as Cash Advances but not regularly in lieu of our payroll. We even had to beg for partial payment as our bills also overtake us monthly and we’re even charged with penalties. I can understand the company has cash flow problems but it’s been 6 months now and they don’t want to layoff. I found out that they have not remitted our payroll taxes, SSA or EDD as of today June 2010.

What should I do?

June 22, 2010 at 11:23 am
(10) robert riochas says:

My employer has issued 2 paychecks, both of which have bounced causing a negative balance in my bank account. My employer says he will pay in cash plus the additional fees my bank issued to me. I have not received any cash yet, just one promise of payment after another. I continue to work and soon another paycheck is due me. What recourse do I have?

June 29, 2010 at 5:45 pm
(11) Les says:

I worked for a company that was hit really hard by the recession. We were asked to work full time, (40 hours) but only get paid for 24 hours, while the firm was still billing our time at 40 hours to clients, in essence using our ‘sweat equity’ to bail out the company. The understanding was that when (or if) things were better, we would get reimbursed for those hours. The ability to take any of our sick or vacation pay were also suspended. It’s a small company and the employees stayed on because we believed in what the company does… fast forward to almost a year later and I have recently moved on (couldn’t take the 40% paycut anymore!) and there is an agreement to pay me back for the unpaid hours, as well as unpaid vacation. But, the firm is now trying to claim that they are not legally bound to pay out accrued sick time, which is true under normal circumstances, but what if they wouldn’t let me take it when I did work there? I don’t want to sue them, and I still believe in what they work for, but I would like some leverage to ask for that sick pay… any thoughts would be helpful! Thanks.

July 31, 2010 at 3:10 pm
(12) Rathin says:

Once you are awarded judgement for wages/pto/etc., and given the the employer can’t pay, can I deduct the amount awarded in my taxes, thereby decreasing my taxable income.

August 4, 2010 at 6:45 pm
(13) William Perez says:

Your Form W-2 for the year should reflect only income actually paid to you. If the W-2 is overstated (to reflect the judgment) you would take a miscellaneous itemized deduction under the claim of right doctrine. You can also take an itemized deduction for legal and court fees you incurred in attempting to collect from your employer. Both of these deductions are discussed in IRS Publication 529.

You should also contact your state employment agency and the IRS regarding the unpaid wages. The IRS especially has nearly unlimited ability to collect, and they aggressively pursue unpaid employment taxes. This may or may not get additional money into your pocket, but it can help ensure any of your payroll deductions were properly paid over to the IRS.

August 4, 2010 at 6:54 pm
(14) William Perez says:

I just realized, I have an article on the topic of what to do when a W-2 is incorrect. So if the W-2 you receive is overstated, you can correct the W-2 figures directly on the tax return instead of using the more cumbersome deduction under the claim of right. Also, an IRS spokesperson I talked to gave some additional tips for how to go about handling that situation on your return.

That being said, your W-2 for the year might be correct. If so, it should reflect the amount of wages you actually earned during the year. In this case, because the W-2 is accurate you won’t need to make any adjustments or take deductions (which may or may not reduce your tax bill, depending on your specific situation).

Hope this clarifies things a bit.

August 18, 2010 at 5:32 pm
(15) Wendy says:

I was wondering if the employer made the entire office sign a peice of paper saying they would withhold 4 hours if we failed to clock in or out as needed is this still binding and is it legal? Also when failed to clock in it alters the rest of the time improperly and therefore makes you miss eight hours only by clock time when you did work a full eight hours is this illegal to not pay the employee eight hours? Sincerly in need of an answer Wendy thank you

October 25, 2010 at 2:31 pm
(16) Falon Washington says:

I completed 3 assignments at retail stores. The company i have been working for for almost 3years is an independent contractor. The Assignments were all completed by 9/15/10. payment should have been issued by 10/1/10. Everytime I ask about my payment, they tell me “the check is in the mail”. Is there something else I can do to get the money Im entitled to?

October 26, 2010 at 12:50 pm
(17) Chadwick says:

The Atlanta Fun Center/owner John Chisena owes his employees money for hrs worked and not paid & checks being bounced. The doors of the company were closed on Oct. 18, 2010 leaving a large amout of money owed to current employees. I have the payroll spreadsheets on my computer and would like to know how if possible we as a whole can get our money from the company. Please help, any information would be helpful. thanks

October 27, 2010 at 12:09 pm
(18) biztaxlaw says:

As i have mentioned before, the place to start with an employment complaint, is your state’s employment office. Contact the Georgia Department of Labor via email or phone to find the office that can help you. Having a spreadsheet is a good start; the DOL will need to go through the employer’s records to verify the wages.

November 9, 2010 at 11:08 am
(19) Jessica says:

My employer is 7 weeks behind in paying my wages. First 3 checks bounced, then I just stopped getting paychecks. I’m told he will take care of me and my fees incurred once he gets some money. I had him sign a letter with details of what he owes me, but he laughed and said this letter won’t do anything if I don’t have money. I have tried to hold out for him to pay, but this is ruining my life…my bills behind, rent, car could get repo’d any day and my relationship is hurting from this as well. I have my offer letter, returned check reciepts, calendar of time, the letter I had him sign and also i got a statement from his previous employee stating that he failed to pay her as well. I am handing him a letter today for demand of payment. When do I sue? Do I have a good case? What can I recoup and how much will it cost me? I am in Rhode Island.

February 16, 2011 at 6:32 am
(20) Sigmonde says:

My employer (Georgia) arbitrarily takes away commissions earned for making the slightest mistake. There is no policy regarding this . Is there a law preventing an employer from using one’s paycheck as a punishment tool and what can I do?

February 18, 2011 at 2:12 pm
(21) Courtney says:

I worked for a bank as a comissioned mortgage loan originator. i left the company voluntarily and now the employer does not want to pay me for part of my commission income due me. i live in NC but they are headquartered in SC. what can I do?

March 1, 2011 at 4:52 pm
(22) chris says:

my former employer require us to be at the shop at 7am to load vehicles for the day but had us punch in after we arived at the jobsite sometimes 2 or 3 hrs later is this illeagal?

March 2, 2011 at 2:41 pm
(23) biztaxlaw says:

It’s my understanding that any work you are required or “permitted” by your employer to do must be paid for. You might want to check with your state’s department of labor to see if there is anything you can do about this.

May 4, 2011 at 4:58 pm
(24) vida says:

Please help me I am working part time and has a week paid vacation but will like to take two extra days .my boss says she does not approved. And will not pay me my vacation pay.

July 19, 2011 at 11:27 pm
(25) Melissa says:

My employer (small business owner with 3 employees) has recently suffered a fire to his home/office. Due to his circumstances i was trying to be considerate and offer him to lay me off temporarily to get back on his feet, which he accepted. Since then i have not received 1 mnths pay he has owed me, along with another employer who has since left as well. For 2 mnths now he has been stringing us along with excuses and promises to pay (thro emails) without ever following thro.
When the 2 of us finally decided to speak our minds about this (after being very patient and understanding for 2mnths) he then proceeded to tell us thro email that technically he doesnt have to pay us as he regd as a corp for a reason , (so there was no personal liability) and because the business was still new and hasnt made any money yet he can not be personally liable for the debts the business owes. he even went as far to say that if he wanted to he could file bankruptsy and not have to pay us all. Is there anything i can do about this?? Is he right?

July 20, 2011 at 9:31 am
(26) biztaxlaw says:

Melissa:
No matter what type of business he has, your employer must pay you. It’s the law. But you will need to start a claim against him. Go to your state’s department of labor (some states call it a “wage and hour” department) . It may take some time to find the correct section, but keep asking.

If your employer declares bankruptcy, you are still in line to be paid, depending on how much money the company has. It’s better to try to get the money now, before he declares bankruptcy.

August 13, 2011 at 5:09 pm
(27) Colton says:

Well im 15 years old and i went to work with my dad but he said i would get a check of $200 a week well it ended up being friday and the boss said sorry cant right you a check he did this for about 2 and a half months then i ended up getting back prombles from lift to heavy of stuff can i sue them and for how much.

August 15, 2011 at 2:40 pm
(28) biztaxlaw says:

It might seem like a good idea to sue your father, but it might cause more trouble for both of you. If state agencies determine that your father violated laws, his business could be damaged. That can’t benefit either of you. You can certainly try to get an attorney to hear your case, but you might have to pay cash since you are a minor. You might also search for a free legal clinic in your area.

Before you talk to an attorney, I would suggest trying to work it out together. If you find it difficult to talk to him, get someone else to meet with both of you – a family friend or religious advisor or someone you both trust. It’s always best to settle disputes out of court. Once you start a court case, you can never be sure where it will end.

October 6, 2011 at 10:43 pm
(29) Mary says:

I worked as an independent contractor for a small company who’s doing business with 2 LLC(for comment sake; “A” is solely the person’s own and &”B” is backed by a financier)

At the beginning of the year I worked for “B” but was paid with “A”‘s money. Recently, I went back to work for “B” and invoiced them for the whole project. They haven’t paid me what’s owed. Worse case scenario, can I write back wage on my taxes?

October 8, 2011 at 10:05 am
(30) biztaxlaw says:

I think you are asking if you can reduce your income for the unpaid amounts. Since the income has not been recognized anyway, you can’t reduce it. If you have the income as an accounts receivable, though, you should be able to take it as a bad debt. Get your records to show the work you did and the non-payment and talk to your tax preparer at tax time.

October 18, 2011 at 11:04 pm
(31) Steven says:

My employer took $1300.00 out of my payroll check due to a vehicle accident in a work truck. I’m assuming this is not legal, can I sue to get my money back – only that amount or more?

December 2, 2011 at 9:12 pm
(32) robert says:

A friend of mine works for a chain sandwich shop and someone stole a case of bread. Her boss says she is going to deduct money from everyone’s pay to cover the cost. Is that legal?

December 3, 2011 at 10:53 am
(33) biztaxlaw says:

No, it certainly is not. Employee pay cannot be cut except by employee consent or by contract (in other words, if there is something in writing that employees have agreed to that allows this pay cut). If the boss follows through with this threat, employees should contact the state employment agency or state labor departmentto let them know about the situation.

January 9, 2012 at 11:41 pm
(34) SomecallmeD says:

Jean, I have a sticky situation and I hope to get answers from you. I feel fortunate to have found your site.
The owner of the restaurant I worked at used our tip money to pay for expenses with the venders. This is not revenue for the restaurant but money the staff brought in. This is a crime correct??
Shaving off hours from hours worked during pay period. This is a crime correct??
Not paying employees for a total of five weeks now. This is a crime correct?? The place has shut its doors with plans to reopen in 2 months. Staff went to labor board and filed claims. I know we will get paid with interests accrued on the amount but it could take time.

I also feel that he should be penalized for fraudulence and stealing. Am I correct that I have every right to do this?

January 10, 2012 at 7:34 am
(35) biztaxlaw says:

If you went to the Labor Board in your state and filed claims, at this point you have done all you can do. You can also contact an attorney individually to see what other remedies you might have in this situation.

January 27, 2012 at 1:34 pm
(36) Rick says:

You reference a case in Oregon about withholding paycheck to punish employees. that link is broken. Do you have an up-to-date link or citation to that case as we are having a similar problem with our employer?

January 30, 2012 at 8:22 am
(37) Ramiro says:

I am currently in the process of filing a complaint with the dept. of labor for non payment of overtime wages & drawing unemployment from the same employer, my question is, do I have to accept my old job back if it’s offered back to me with a roughly guessing 20% decrease in pay,and can I reject the job offer w/o losing my unemployment benefits and knowing that overtime won’t be paid to me AGAIN?

February 7, 2012 at 9:37 am
(38) Alex Roberts says:

I would like to know what are my rights if my place of employment shuts down without telling employees and then does not pay the employees for the previous two weeks they worked. What do I need to do?

March 29, 2012 at 12:54 am
(39) Geoff says:

i owned a corporation that closed down in 2006 and filed personal bankruptcy shortly after. The utah labor commission has required me to pay back more than the amount owed to the employees for wages the company was unable to pay. am i personally responsible to pay the employees myself even thoughtthe employees were included in my bankruptcy.

April 6, 2012 at 10:47 am
(40) sherrie chapman says:

I work as a contract employee for Thonyson Corporation. They are 2 month behind in paying me. The same thing happened last year. In Dec 2011, I finally received my September check. Right now I am owed for Feb 2012 and March 2012. I’m being told payment for February will be received by April 28, 2012 and the March check by May 28, 2012 . Is there something I can do to get my funds sooner? Any suggestions are appreciated.

April 6, 2012 at 12:31 pm
(41) biztaxlaw says:

There’s not much you can do. If you took legal action, it would just delay payment. I know it’s not right, but all you can do is be patient. I know it’s beyond frustrating!

April 18, 2012 at 9:07 pm
(42) Dina says:

I did all the start up for my husband and his partner’s medical practice…all they had to do was walk in and start seeing patients. The agreement THOUGH NOT IN WRITING that I would wait till there was enough revenue to get paid. I documented all hours spent and what was done each day…It has been 9 months and they could afford to start paying me but one of the owners (not my husband of couse) did not want to pay. Now they have decided to separate and go their own ways…. but I still have not been paid for services rendered….can i sue even though I don’t have anything in writing but the business plan that does state I would be paid when the business had sufficient revenue to do so?

April 28, 2012 at 9:01 pm
(43) maggie says:

this week, 4-27-12 adams produce here in pensacola florida made everyone leave the building owing over 500 people 3 weeks of wages due to them. the company said they were trying to file chapter 11 but instead it was chapter 7 leaving me and lots of families in need of their money to feed their children and paying rent and bills…..Please is there anything we can do in order to get what monies are due to each of us. i need to find out if we can file charges against them on a civil act or if any actions can be done. PLEASE HELP

April 30, 2012 at 8:00 am
(44) biztaxlaw says:

First, you should apply for unemployment. You could get an attorney for the the group, but this won’t get you any money quickly and you will have to pay the attorney to represent your group in the bankruptcy. You might also want to file a claim with the Florida employment board, but this can take time, too. Unfortunately, if the company has filed for liquidation (Chapter 7), there’s no fast way to get money.

April 30, 2012 at 10:48 am
(45) Brenda Baker says:

I work in FL, My employer submits time in Monday am by 12 noon. She wants my time written down everyday in a public time sheet book for everyone there to see everyone’s time. If it is not done everyday she says we are not getting paid. Is this legal?

May 16, 2012 at 4:22 am
(46) trey says:

My previous job was ordered through investigation by the labor board to pay me a sum of money by a certain date. When they sent the check $1100 was deducted for a cell phone that i was paying $50 a month for. How can i go about getting this money they deducted?

May 31, 2012 at 6:42 pm
(47) Vicky says:

I was laid off and not paid 3 weeks worth of wages and expense reports. I filed a claim with the California Labor Board and also let the Unemployment (EDD) department know that although I was an employee I was 1099 in order for my employer to not pay taxes. Now, there is an ongoing investigation and audit being done. My previous employer has a personal issue with me (emails to prove) and they are now threatening to say that they are accusing me of forgery and theft! I believe they are just doing this in order to not pay me but can I do anything?

June 1, 2012 at 1:44 pm
(48) janet gillott says:

My husbands last paycheck bounced. Today the bookkeeper came out of the office and said that she was going to give the employees a check for their regular hours but they could not cash them until maybe tomorrow. One day next week she will give them their check for overtime and holiday. Today is the first of the month and rent is due. I know from previous experience that this is probably the beginning of the end for this company. Last time we went through this we had to involve the labor board. This situation is particularly sad because my husband has been working there full time and then part time for forty years.

June 30, 2012 at 7:27 am
(49) aaron says:

my job is telling me that it will be 7 weeks before I get my 1st full paycheck. I’m having to make life decisions with borrowed gas money. Is that legal ?? Is it even close to right ??

June 30, 2012 at 10:11 am
(50) biztaxlaw says:

It depends on how often the company pays. If they pay only monthly, it’s possible that you may have to wait a month to get paid.

July 10, 2012 at 1:07 pm
(51) sofi says:

My partner has been working for a company for 7 years and he got paid a month in advance they have now told him next year he wil get paid in February but then wil not receive another payment til april he was on lesa money at the time too someone please help me is this allowed???

July 27, 2012 at 12:50 am
(52) Kathrine says:

I work @ a veterinary clinic in the state of Washington and I am leaving the clinic because i got a better job offer. I had some dental work done on my dogs teeth during my employment and I have been paying what I can every month. When I asked my employer for a paycheck advance, He informed me that I could not get one cause he was going to talk the total amount that I still owe on it out of my paycheck. He does payment plans with clients all the time and I was a client at the clinic way before i wa an employee. Is this legal?

July 28, 2012 at 1:19 pm
(53) Gina says:

Is it legal for my employer to only pay me part of what I have earned in a pay period? I worked and I deserve to be paid for all of the hours I worked. What can I do about this?

August 8, 2012 at 9:41 am
(54) chris says:

my husband is in a union and his company went bankrupt. his union was not supposed to allow his boss to operate once she exceeded her bond amt. they allowed it and now the bond co is disputing the bond amt. and the union is disputing also. its in court. im sure lawyers will get it all. meanwhile, were out six thousand dollars. can we sue the employer at least for the amount that was shown on his paychecks as income, that we were supposed to receive in a vacation check and in a money market acct. that he was taxed on as income.? that is about three thousand. the rest was to go into pension and annuity. maybe small claims court.

August 16, 2012 at 1:43 pm
(55) TB says:

I was recently let go from a company. I was salaried, meaning same pay not matter what hours I worked. They said because of this I was considered exempt from overtime laws. However I learn recently that a computer technician is not exempt from the flsa.

I calculated that I am due about 1500.00, all earn in less then 13 months. Do you think it is worth pursuing by filing a complaint with the DOL?

Thanks

August 16, 2012 at 1:51 pm
(56) TB says:

One more question, would you, as a former employee, contact your former employer about the overtime pay and give them the opportunity to correct or not say anything an file the complaint?

August 28, 2012 at 12:00 am
(57) lisa says:

my boss did not pay me my overtime, i worked extra cause people on vacation i worked 48 hrs she paid me 2 hrs ot and 6 training to not go over her budget , i have been there 12 yrs def not training what do i do?

September 3, 2012 at 7:46 pm
(58) Donna says:

I work for an Assisted Living Facility and my salary has been withheld by my boss for disiplinary actions because I gave medications and did not sign the sheets. is this legal?

September 5, 2012 at 4:34 pm
(59) Christy says:

What if an employer will not answer his phone, nor pay you for the work that has been done?

September 14, 2012 at 5:31 pm
(60) Holly says:

I was laid off in 2010 and am still owed almost $7,000, plus expenses. I also found out they had not been contributing my allotted deductions to my 401k as specified. When they laid off the majority of the company, we were given a letter stating they would pay our Cobra if and until we got another job or insurance. Well, the 18 months of Cobra is expired so now I don’t have insurance and they still haven’t paid me. Additionally, I found out they have employees who were laid off shortly after me that are still receiving health insurance benefits as full-time employees and were never put on Cobra! They are NOT employees. The human resource manager even verified this and admitted they are lying. I suspect they kept them on the plan so the 2-3 employees attempting to keep the company afloat can still have a health insurance policy (assuming they need a minimum number of employees to have a company plan).
What, if any, legal recourse do I have? I have also done some digging of my own and have found numerous loans given to the company. Shouldn’t that money be used to pay their outstanding debts to their former employees?
Any help or advice would be greatly appreciated!

September 28, 2012 at 1:49 am
(61) Antonia says:

I would like to know if I could sue my previous employer for not paying me ? The reason for me not getting paid according to her was that I was just on training . I only worked for her a week which would be $200.00 or so , can I sue her even if I only worked 29 hours ?

October 3, 2012 at 10:32 pm
(62) John says:

My employer is planning to stop paying unused vacation time at the end of the year. Next year they are going to only pay 75% of what they owe at the end of the year. My question is who pays the taxes on the remaining 25%? My understanding of why they pay out the vacation at the end of the year is that the IRS considers this untaxed income if it remains on the books at the end of the year.

October 18, 2012 at 6:00 am
(63) Sahar2012 says:

I filed a claim with department of industrial relations, and had my hearing on October 15th. At the hearing my previous employer lied a bunch to the hearing officer that was handling my claim. I want to know what are my chances of winning ? She and her lawyer made up lies trying to defend themselves. Please help me? Anyone familiar with these kind if cases?

October 25, 2012 at 2:05 pm
(64) Debra says:

my husband won his case with the labor board for unpaid vacations. we are still waiting for the labor board to collect. how long does it take and what steps do the take to collect. it has been approx. 2 years since he was awarded his judgement.

November 14, 2012 at 11:57 am
(65) Ilse says:

I went to USA to work in a camp from June trough July and I have not been paid yet. I`ve send him lots of email saying how much i need the money. I also have the contract of the camp which says how much I should have been paid weekly. I have my social security number and paid taxes from my salary. Is there something I can do?

November 14, 2012 at 12:54 pm
(66) biztaxlaw says:

Contact the employment office in the state where the employer is located, and tell them you want to file a complaint against your employer.

November 19, 2012 at 4:22 pm
(67) Mae says:

If my job says you need to render services online daily, turn in sign in sheet by Monday 8am and I missed two days of logging in online is it legal for them to say “you can’t get paid for those two days because you did not render?” but i did turn in my sign in sheet saying I did provide services.

December 7, 2012 at 6:27 pm
(68) margaret says:

Can anybody tell me what to do? I made a loan from my boss and we agreed that an amout would be deducted off. The came a time when I noticed that the amount was no longer being taken off my salary and I asumed that all the money was paid. However I have resigned and suddenly my boss tells me that the full amount of the loan was not deducted of my salary. They had forgotted to deduct the amount. Now she has taken off all money due from my paycheck and I dont have a salary at all. Is this legal. I know the money is still due to her but I do have dedt and need to buy food, how am I going to do this. This was their fault as well as mine but I am the one paying for the mistake. What now????

December 14, 2012 at 10:49 pm
(69) C Sawyer says:

My daughter is working a recently opened restaurant, Rescue me @ Trios in New Port Richey, FL. She has been there more than 4 weeks and has not received pay. Al the owner told her and the other employees he was waiting on a “Loan” so he could pay them!!! Um, something wrong with this picture?? Who do we go to?

Thank you

December 20, 2012 at 6:51 pm
(70) Ronald says:

I worked for a company for nine months, I get paid base salary and commission, I do receive salary but not commission which they owe
me the entire nine months, what they are saying they been bought
out but I haven’t receive my large comm. is it by law they have to pay me
before December 31st before the next following year.

Thank you-Ron

December 26, 2012 at 11:52 pm
(71) Gabino says:

I did a job for a company and it was a contract deal and its been a month and i still havent got paid so what can i do if im ilegal to work here with no perment what can i do?

January 1, 2013 at 12:00 pm
(72) Papo says:

I have a situation with my employer. A lot of times with the holiday pays they don’t give it to you. Meaning they only would pay you for 32 hours. I always need to be telling my manager that i wasn’t pay for the holiday and it takes sometimes 1 month to get the pay add it in the check. This thanksgiving they didn’t pay my holiday had to tell my manager approx. like 4 times to do the correction.Also spoke to the manager of the payroll and he send me back to speak with my manager.The point is that they paid my thanksgiving after a month.This Christmas 12/25/2012 they also didn’t pay my holiday. I just check online.This means i need to go again with the situation of talking to my managers to get my paid. New years that is today i was schedule to work that means i get time and half, i call out because from now on i’m not going to work holiday if they are not going to pay me. Now i need to wait weeks to get that pay. WHAT CAN I DO ABOUT THIS SITUATION ????

January 3, 2013 at 8:23 pm
(73) Stephanie R says:

I work for a well known retail outlet, I started off as a Sales Associate, shortly after they promoted me to a full time position of Supervisor and promised me a minimum of 32 hours a week, as stated in their employee hand book. Recently they haven’t been following through with the 32 hour minimum, is there something I can do about this!? HELP HELP HELP.

January 10, 2013 at 8:05 pm
(74) Melissa says:

I left my previous employer last February 2012 & I was sent a final check of $14 that did not add up to my total hours of Paid Time off that i had accumulated there. When i spoke to my HR rep she referred me to corporate HR. They had stated in their records they showed my “termination” date 2.5 to 3 weeks after I had actually left so, i needed to let my local HR rep know to change it. When i mentioned this she said that is not true & that if she changed my termination date to what it actually should be, that I would owe the company $. It didn’t seem right so, i left it alone. Almost a year later (jan 2013) I get a call from them saying i have a check & in the amount that i knew i was owed. This is in Texas; however the company is a very well known corporation. Can i sue for w/holding wages or at the very least file a complaint?

January 14, 2013 at 7:11 am
(75) miguel cornejo says:

I was recently fire from job for damage to a container the agency is telling me they are not going to pay me the money i work for because the company does not want to pay me what can i do to get the money they owe me

January 16, 2013 at 1:10 pm
(76) Jessica says:

My ex-employer did not pay several paychecks due to bankruptcy.
The workforce commission could not assist me in getting the wages back due to the bankruptcy. Here it is three years later and the bankruptcy is still an open case. When I spoke to the judge, I was told the chances of getting the wages owed to me were null. I am at a loss and would like to know if you have any suggestions on what I should do next.

January 16, 2013 at 1:14 pm
(77) Jessica says:

My ex-employer owes me three paychecks plus expenses.
The company went into bankruptcy therefore the workforce commission could not assist me. Here it is three years later and the bankruptcy case is still open. When I recently spoke to the judge about getting my wages, I was told that the chances of getting the paychecks owed to me were null. At this point, I am at a loss and cannot afford an attorney. Would you happen to have any suggestions?

January 25, 2013 at 10:19 pm
(78) Frank says:

I am still waiting for my past empolyer to pay me, my last two pay checks. He tells me he is waiting to get paid for a job so he can pay me. What? do I do? its has been a mouth now, and he stop awsering my calls. I’m looking for help.

January 27, 2013 at 1:37 am
(79) Shirl Snyder says:

I am working as a independent contractor for an advertising firm with no written contract unfortunately, however, I have worked for this company before with no written contract and was paid. This year he paid me my salary with no deductions and I have sold approximately $47,000 in advertising that I have copies of contracts. I have not received any commission for any of those contracts. What can I do?

January 28, 2013 at 9:08 am
(80) biztaxlaw says:

You don’t get a salary, just a payment for services. You could take your case to an attorney with proof that you were paid in the past. You might also check the limits for small claims court and see if you can take your case there. If you have (a) proof that you were paid in the past and (b) proof that you have sales for the year in question, you might get a judgment against this company.

February 4, 2013 at 7:25 pm
(81) robert the builder says:

i work for a global inc company,a very much house hold name.i recieve my checks bi monthly on the 15th and the last day of the month, on the 31st of december i recieved my check and it should have been for 96 hours,but the check was 24 hrs short,i went to my manager and showed him the problem with my check ,told him they still owed me money.he called corprate hr and they found the hrs i was missing,they said they would add it to my next check,i told him that that was unacceptable,they should cut my check today ,corp hr said they cant do that.. i told him to call them back and tell them that they were in violation of state law employee code.all of a sudden they mailed me a check for 200 dollars,a hard check no taxes, they said they would add 24 hrs to next check and deduct the 200 they advanced me . …. 24 hrs= 370 and change …. on the next check my hrs were for 88 hrs and again the 24 hrs were missing in its place was a 243.00 earning adjust ment which they told me they deducted the taxes ahead of time (which was about 127,50) which wasnt shown anywhere on the check,then added the 243 to my 88 hrs and taxed it again… then under deductions they retrieved there 200 advancement to me …the way i see it they ‘re tryn to pay me 43 dollars for 24hrs ….is this at all legal and if not what do i do to retrieve my money from them

February 9, 2013 at 1:37 pm
(82) whattodo says:

My former employer went out of business and is filing bankruptcy. They owe wages that were never paid (bad checks, etc) and child support that they withheld from my check but did not pay in to the child support office. I had to pay to catch up on the child support that they withheld but didn’t pay in.

Of course the state will not help me recover the money, I have to file a small claim against the company. However, they are going through bankruptcy, so I will never get my money back.

I am basically out over $4000 but they sent me a W-2 for the full wages I earned. How can I handle this for tax purposes?

February 10, 2013 at 6:09 pm
(83) biztaxlaw says:

First, contact your employer and discuss the incorrect W-2. If you can’t get them to change the W-2 by February 14, contact the IRS to dispute the W-2. It’s important to file the dispute, because any discrepancies between what you report on your income tax return and what the employer turns in for your W-2 can be a problem for you.
For more information from the IRS: http://www.irs.gov/Help-&-Resources/Tools-&-FAQs/FAQs-for-Individuals/Frequently-Asked-Tax-Questions-&-Answers/IRS-Procedures/W-2—Additional,-Incorrect,-Lost,-Non-receipt,-Omitted/W-2—Additional,-Incorrect,-Lost,-Non-receipt,-Omitted-2

February 14, 2013 at 7:07 pm
(84) Kim says:

I have a contracting company I work for in Michigan. This coming up Monday (16th of Feb, 2013) is a pay day, but because Monday is President’s Day, I am being told by my company that I have to wait till Tuesday to get paid. Is this legal to do?? If the 16th falls on a Saturday or Sunday, they do the same thing, make you wait till Monday for your paycheck…

I am not sure who I can go ask…
Thanks for your help with this matter in advance.
Kim Schmee

February 23, 2013 at 9:16 am
(85) Brittany Thomas says:

A year ago, I quit my job because my husband was deploying to Afghanistan. I had to move everything from North Carolina to Virginia in 2 weeks. My uniform somehow got lost in transition and when I went to get my final paycheck, my employer refused to give it to me until I returned the uniform. Is this illegal? I am now back working at this company, and am wondering if too much time has passed to inquire about it, and if I do- do I have grounds to demand it back? I worked for that money that I am now having to claim on my taxes- but never recieved it.

February 25, 2013 at 3:02 pm
(86) Wendy says:

I worked for a place since Nov 2012, quit on Jan 31 because of no paycheck being recvd. The owner, after much badgering, wrote me a check I can’t cash. Who do I sue, the business or the owner who wrote the check?

March 4, 2013 at 1:12 pm
(87) Gem says:

Work extra shifts and my employer said I have to take them as holiday days what I’ve worked instead of being payed can he do this

March 13, 2013 at 11:17 am
(88) Laurie says:

My husband’s employer is way behind (well over a year) on paying business expenses for the small company where he works. The total is over $50,000 at this point. Do we have any legal recourse?

March 27, 2013 at 10:52 pm
(89) Anneliese says:

I’ve been working at a company for 2 months and haven’t recieved the “pay card” I was supposed to get. Besides tips, I haven’t seen a penny from this job. I’ve called corporate, and then I had to call and tell them that the name on my direct deposit slips (for the card that I still HAD NOT RECIEVED) had my name misspelled (even though I had to write it several times on my application) and they told me that they couldn’t send me a Paycard until I faxed a letter stating my information, the name change, and a copy of my license. It’s been two weeks since I’ve done that, and still no pay card. What legal action can I take?

March 28, 2013 at 4:56 pm
(90) Jessica says:

question, my employer says he pays over time after 86 hours of work in a pay period. I never asked too many questions but now he says 87 hours in a pay period how is this possible if in a week I work 45 hours and the next week work 45 hours and only payed overtime for 3 hours. I understand work weeks being split but for full weeks I should get over time, correct? please help Im not sure how to approch it.

April 4, 2013 at 9:35 pm
(91) Sssss says:

My company is growing and now we have 80 employees so in the past my company never held first paycheck but now my owner decided to make this rule for the new employees. Also he wants to hold one week pay check for the existing employees as well so all can be in a same line . My question is that is it legal to hold the one week paycheck??? since these employees are working for this company for almost 18 years. Also what does the IL law says about this????

April 8, 2013 at 1:17 am
(92) Bill says:

The company I worked for in Ohio filed for bankruptcy & we were all laid off. The company doesn’t exist anymore. I had 152 hours of accrued vacation time. A lot of my co-workers also had a lot of vacation time. Can we sue the company for the money that we earned in vacation hours?

April 9, 2013 at 5:02 pm
(93) andrew says:

I live in Kansas City, MO. I work in light commercial plumbing. Haven’t worked in 30 days and my boss says I’m not laid off and to not draw unemployment. Is he playing a statute of limitation game so I can’t draw unemployment? Please help and thanks.

April 17, 2013 at 10:01 am
(94) Peggi Taylor says:

I live in New Jersey, a family friend offered me a position in his start up company. I signed a 5 year contract with them on November 1, 2010. I worked from home as they were just getting a warehouse started, and I received a paycheck every two weeks; three months in my pay stopped coming and they blamed it on investments, I would then get all the back pay and receive normal checks. Since September of 2012 I have not received a paycheck but I get updated that the money will be available the next week. This never happens. I questioned the CEO and he told me that they voided my contract due to the business not meeting its potential. I received this information on April 17, 2012. Am I not still entitled to all the back money owed to me? Due to their false promises they have put me in financial turmoil, and why now was my contract voided??

April 22, 2013 at 12:23 am
(95) Matthew Busch says:

My girlfriend currently works at the Crowne Plaza Hotel in Mission Valley, San Diego CA. Recently, she worked a Sixty hour two week pay period as a server in the hotel’s sushi bar and was told she would not get a paycheck because her tips for that pay period were too high. However, she does receive all tips due to being taxed by hotel and tipping out two bartenders, three sushi chefs and one busboy. how can we get the assistance in this matter and is she entitled to a paycheck? What would be our best approach to this predicament? any and all comments would be greatly appreciated. Thanks, Matthew Busch

April 24, 2013 at 5:10 pm
(96) Lucy says:

In New York State are you personally liable for a labor board judgement for past wages if you are a closed S-Corp?

April 30, 2013 at 12:12 pm
(97) Shanda says:

My boyfriends bosses have not paid his pay for 4 weeks now. Some of this is prevailing wage and bonuses along with the 4 weeks of pay. As a result we have been evicted and my car repossessed. We are furious and don’t know what to do? We have called labor board but so far no response and he only stays to get what he is owed. As a side note the original company was under bankruptcy a year ago and as of last week just sold the company to someone else, but they still keep saying we will guarantee you (my boyfriend) is paid tomorrow.

May 13, 2013 at 9:01 pm
(98) Lynn says:

The company I have worked at for just over 2 years closed down two weeks ago. My employer has given both my coworker and I our last paychecks, however there are insufficient funds in the account. We have been trying to contact him via telephone, email and in person, but he is ignoring us. What can we do?

May 18, 2013 at 5:44 am
(99) Mariluz says:

My former employer California S Corp owes me overtime wages. I hired an attorney and we sent a demand letter to the owner but the only reply to the letter was “Who are her witnesses?” Next step was to file a lawsuit but found out the company shut down on 5/16/13. My attorney dropped my case and now I’m left not knowing what my rights are. Can I still collect my overtime and if so what are the steps I need to take.

June 2, 2013 at 10:44 am
(100) marc says:

I turned in a doctors note and I have not been paid. I was told it was not acceptance. what alternative measures do I have in order to get paid?

June 20, 2013 at 9:12 am
(101) Shaun says:

Iv just been sacked for no reson but was only there 3weeks of my probationary but I knw it’s not unfair dismissal but what else can I do….. Also they haven’t payed me my wages and its been 3weeks and I still haven’t been payed every time I ring the payroll up they always say need more ID prof but I have gave them my driving licence my birth certificate and prof of my NI number what more can I do please help

June 20, 2013 at 11:58 am
(102) Banker Lady says:

I work for a bank that takes our annual salary and divides it by 26 and pays us twice a month, then gives us an additional check in December. Is it legal for them to hold our check until then? We are earning part of it each pay period but not receiving it until the end of the year so they can earn interest on it all that time.

June 24, 2013 at 2:29 pm
(103) Hugo says:

I worked for a T-Mobile authorized dealer that is going out of business. They owner only had it since Feb. He finally decided to close it down last week on Monday. I started working in Feb owner told me no commission after 30 days. A month later no commission. Another month later no commission because we didn’t have the T-Mobile sign outside, yet. A month later sign arrives no commission because he kept changing bookkeeper. Items have been sold no commissions all the months I been (5 months) there I have only been paid a tiny portion I would three weeks of commission. I was the only employee for a long period of time. I did work over 40 hrs/ week over 80 hrs/biweekly and no over time. He said once i dont want to pay you over time biz has been slow. He’s always late on payday. He hasn’t paid my commission from months ago and he didn’t pay commission after the 90 days even though products were being sold and said no pay because of a T-Mobile sign. So I didn’t get paid from day one to day 30 probation, which is understandable. But because of no sign? What can I do about this? This man is holding lots of commission that I have earned in the past. I have asked and always an excuse slips out of his mouth. Please help!

June 24, 2013 at 4:26 pm
(104) Alcides Ardon says:

There is a current investigation at my company for someone who comitted “fraud” and everyone is under investigation i was called in for questions and later that day i got a call from the hr person to take a week off while this is going on, my question is should i get pay for that week since i did not ask for it an there is work? And i went to get some personal belongings and they didnt want to release them to me what should i do?

June 26, 2013 at 12:52 am
(105) Jayda says:

Can I be punished from my boss by him deducting my hours a week for taking a day off, when I had asked 3 weeks in advance? Also, can he not pay us time and a half for working holidays? And another thing, I work 6-10 hours a day without any breaks or lunch breaks, is that legal? I am concerned about me and my co-workers because I feel like this is wrong, and plus he never gave us a handbook when I was hired stating want is legal or not legal. If someone could help me with these questions, I would greatly appreciate it. Thank you!

July 14, 2013 at 10:08 pm
(106) jazmine says:

If I havdnt got paid since ive worked and have basically been give little money here and there from the register nothin more than 50 dollars and still isnt get paid for working this job for 2 months what should I do?

July 15, 2013 at 5:11 pm
(107) Manuel says:

Help please. I was working as an independent contractor, i was terminated from the company unfortunately from a complain of a client. The termination was in the 15 and a representative from the company told me i was going to get paid for the sales I produced prior my termination. I never got paid, and after one month the same person told me they were withholding the commissions because the complain could result on a fine to the company. That was not in the contract, i have no money to pay a lawyer and they owe me over $2,000. Help please.

July 19, 2013 at 11:26 am
(108) Preston says:

I have been working as a contractor overseas for the last 2.5 years. the first company I worked for the first year appears to have not paid the FICA taxes to the social security administration for year 2011. I am having my w-2 checked to make sure that if they did take FICA which is required by law that they paid the IRS to apply that towards my Social Security retirement. If I find that they took FICA from my pay and did not pay the IRS what can and should I do to make them pay, and with penalties if found to be fraudulent act by the former company. Myself and former coworkers are seeing the same as below. Based on the following website: https://secure.ssa.gov/RIL/SiView.do they did not pay in for 2011.

This shows what was paid in over last four years:

Work Year Taxed Social Security Earnings Taxed Medicare Earnings

2012 $110,100 $179,689

2011 $0 $0

2010 $19,591 $19,591

2009 $46,129 $46,129

Please advise how I should approach this from a legal standpoint…thanks for your time

July 20, 2013 at 7:52 am
(109) biztaxlaw says:

I am not an attorney so I can’t give you legal advice. If you believe that your earnings were not correctly reported to the Social Security Administration, you should contact that agency and let them handle the issue.

July 22, 2013 at 4:37 pm
(110) Bsettles says:

I recently resigned from my place of employment. I should have gotten paid Friday for services rendered for the previous two weeks and then would also have one more check coming. My ex employer failed to send my paycheck. When I called to inquire about why it had not been mailed out I was hung up on. What should I do now?

August 2, 2013 at 12:56 am
(111) katty says:

I have one question. I was working for a tutoring agency, the last payment was supposed to be made on april. It’s already august and I have not been paid. The person in charge of the billing has been saying that she has send the check to my house but they check is returned every time. I then provided her with two other addresses and nothing has been send. What can I do in this case

August 2, 2013 at 10:11 am
(112) biztaxlaw says:

If you live close enough to go to the company and pick up your check, tell them you will do that. Seems to me they are avoiding paying you by using an excuse. You could give them your bank account information and get them to deposit the check directly. You could also tell them to transfer the money using Western Union.

August 5, 2013 at 4:27 pm
(113) Marylou says:

So having enough chicken recipes in the kitchen would be rewarding.
Then you can dip them into liquid batter and fry them. In a casserole, bring
to boil 2 cup of water with chicken feet, put fire into low and
simmer 10 minute.

August 14, 2013 at 8:01 pm
(114) Geri says:

I work as an independent contractor. I contract to work events based on the date and length of an event. Sometimes the events end earlier that the contracted time because all of the clients have been seen, according to the site coordinator? Are independent contractors entitled to pay for all hours contracted, even if the event ends early?

August 23, 2013 at 11:14 am
(115) Belle says:

I was a driver for a large trucking company. Said company shows “deductions” on my final paycheck (which I had to fight tooth and nail for). I have provided them with all receipts for said deductions more than a dozen times. Still they won’t pay me. Each time I contact them, via phone and now email, they promise I will get paid “next week”. It has now been more than 6 weeks and I am tired of this game. I live in one state, their headquarters are in another. I would like to file in small claims; which state do I need to file in?

August 24, 2013 at 10:21 am
(116) rmb says:

I was hired to do security hours was from 6 a.m. To 9 p.m. this job only last for 2 weeks. they said we will get paid in two weeks and the pay rate is 10 dollars an hour tax free. first of all is that even legal to pay somebody $10an hr after working 40 hrs or is it an exception because it’s a temporary job that only last for 2 weeks. the first problem is now its been 3 weeks and i haven’t got paid. second is when we went over my hours it was two days worth of hours missing he claims I didn’t sign in I dont have lawyer money so what should I do

September 6, 2013 at 4:22 pm
(117) Gayle says:

My sister works at a daycare and they cut her hours to almost nothing. Now they informed her that the IRS is shutting them down and the owner has warned them not to file for unemployment.
Can she file for unemployment?

September 10, 2013 at 3:12 pm
(118) matthew says:

My employer keeps holding paychecks because they can’t afford to pay us on the days promised to pay. Is thisiillegal in any type of way? And my hours have been cut from 48 hours a week to 20 hours without any notice. Any suggestings?

September 13, 2013 at 8:01 pm
(119) John Margis says:

I worked for a union contractor in Illinois . From February till April they never turned in hours to union. They also took out 4.00$ per hour out of my check to be put in a vacation fund . They never put money into vacation fund or reported hours .is their anything legally I can do thanks John

September 22, 2013 at 9:26 am
(120) Lanni says:

About 6 weeks ago (end of July/ early August 2013) the agency I was contracting services to suddenly went bankrupt. I had brought in significant income and should have been paid my “cut”, totalling over $8000, over the past 3-4 months. (Because the owner had surgery in April and said he had low cash flow, I didn’t immediately confront him to request my pay when he withheld 1 of my 2 paychecks for 2 months in a row.) He has apologized for not being able to pay me but says he has other creditors in line ahead of me and will not be able to pay me even if I file in small claims court, He is now working for one of his former employees who re-opened a similar agency under a different name. So,
1) What is my recourse? is there any way I can recover the wages owed me?
2) If not, can I claim the loss on my taxes?
3) How do I get the final W-2 noting my wages to be sure he didn’t say he paid me checks that I never received?
4) Since the agency was a charitable non-profit, if payment is never forthcoming, can I claim the $8000 as a charitable contribution on taxes and have the work and transportation expenses I did for that agency recognized as a donation?

September 26, 2013 at 8:52 am
(121) angel O says:

I resigned about 3 weeks ago from my previous job.they tell me there going to send the check to the company and every time I go they say they haven’t received it. What can I do in this case

September 27, 2013 at 6:10 pm
(122) Anthony Ortega says:

Please assist.
Employed for over 2 1/2 years with a Contractor/Temporary agency and have NOT Accrued Sick leave or Vacation leave. I am told that if I call in sick, I am not paid.
What city, county, state and federal agencies may I contact for assistance on this matter?
Are there groupsin the Private sectors that also help in a case like this?

September 29, 2013 at 11:30 am
(123) biztaxlaw says:

Just a reminder that I cannot answer individual requests. I understand that you are frustrated with trying to find answers but there may be no way to get your money quickly. Contact your state’s <a href=”http://biztaxlaw.about.com/od/statelawsandagencies/tp/State-Labor-Agencies-State-Employment-Laws-State-Income-Tax-Agencies.htm”>labor department</a> for information.

October 5, 2013 at 10:16 pm
(124) Robert Killmer says:

I am a small business owner of a trucking company.
All persons hired are paid on a 1099. “Drivers”
I hold the first two weeks. I do so in the event that driver incurs charges such as. They run through a ez pass lane
With out using a ez pass. Or unathorized charges on a company c.c.. or in this case I’m being faced woth now.
I hired a new I/c in January we left him go in August for continues damages to company equipment. After totaling the damages it is about $1000.00 I hels these charges and wrote him a check for the difference.. my business is located in pa. Am I allowed to do this.. this is the first time ever I have done so

October 17, 2013 at 9:31 pm
(125) Maggie says:

My employer filed Chapter 11 two weeks ago. We have not been paid for three weeks. Our last paycheck that we did receive bounced. The company has over 5000 employees. We just heard he will be filing Chapter 7 in the next few days and the company is going out of business. We have been told we have to file a class action suit to the Bankruptcy Court to get our pay. My question is where do we get an attorney? Is this something the court will appoint or do we have to somehow contact all of the employees in 10 states and form it ourselves. Any answers/suggestions?

October 30, 2013 at 2:53 pm
(126) victoria says:

I was late turning in my time sheets and live in idaho… is it legal for them to not pay me until the next pay period?

November 6, 2013 at 1:49 am
(127) Trina Marliva says:

I worked for a company in sales and worked on commission only. We have a signed contract. I made 20% on our packages after expenses. The venue burned down this summer and the owner told me he has “loss of business insurnace” and that he would pay me the 20% I would have made (after expenses) when he got his loss of income from the insurance company. I helped him calculate all the totals and gave them to give to the insurance company almost 6 months ago. He keeps on saying that he is still waiting for the money but I’m worried and think he should have gotten it by now and maybe he has changed his mind about paying me. Do I have any legal rights and if he included my 20% as part of his loss of income and did receive a check for this full amount and does not pay me, is this insurance fraud? Thanks

November 14, 2013 at 4:22 pm
(128) Val says:

I would like to know if it is normal for a company to tell an employee they have to be employed for two years before they can sign up for direct deposit

November 15, 2013 at 1:03 pm
(129) Jean Murray says:

I don’t know that there is any law regarding direct deposit one way or another. Employers aren’t required to offer direct deposit. It is a cost to the employer, so it’s a benefit to employees. I would guess your company has high turnover and doesn’t want the expense of direct deposit until they know an employee is going to stay for a while.

November 22, 2013 at 6:43 am
(130) Tom says:

as a 1099 employee what are my options for collecting back wages

November 26, 2013 at 8:49 am
(131) biztaxlaw says:

1099 workers are not employees. If you haven’t been paid, you must collect in the same way as any business. If after repeated attempts to get a customer to pay, you don’t get the money, you can try <a href=”http://biztaxlaw.about.com/od/goingtocourtarbitration/tp/smallclaimsinfo.htm”>small claims court</a>.

November 29, 2013 at 7:39 pm
(132) David Leavy says:

I currently have a case pending, with the labor board, against my former employer for back wages and commission. I have all my documentation with earned commission. since commission is paid out 90 days after the commission is earned. I was terminated and never received my commission for two previous months of work.

I live in New Jersey….

My question is two-fold: First, I read that I can sue for three times the amount owe. Is this true?

Secondly, am I entitle to my back commission?

Side note: I was promised premium pay for my work through Super Storm Sandy. However, I was terminated before my company could determine how much they will pay exempt employees. I got terminated one week before my peers got pay. Am I entitle to my premium pay?

December 13, 2013 at 2:20 pm
(133) Ron Sankary says:

This really killed me, my employer gave me a raise from $10 to $12 about 2 years ago. Now since the company is being sued for selling a conterfeit product, they came in to my office and said, I have something to tell you. We are suffering now so we are cutting every employee’s pay. We are taking your raise away. Now I can not pay my bills, but hopefully the employers and their families will have a Merry Christmas! Isn’t this against the California law?

December 28, 2013 at 5:33 pm
(134) Jennifer says:

What are my rights regarding NYC tax not being deducted from my paycheck? I have brought this to my employers and was told it is coming out just not shown? Will I have to pay this at a later date? If I request it to come out do they have to apply it? Is it illegal for them to not take it out?

December 31, 2013 at 6:05 pm
(135) Zach says:

While in the middle of paid time off (vacation to move) I took another Job. I gave one weeks notice. My manager approved my time sheet after I had given notice for close to 62 hours of paid leave but they only paid me for two days actually worked in the pay period. Do I have a legal right to that money and who should I contact?

January 4, 2014 at 8:12 am
(136) biztaxlaw says:

I understand your frustration with your situation, but I am not an attorney and I am not able to answer individual questions or comments on this article about non-payment of wages. If you have an issue with non-payment of wages, you can hire an attorney to attempt to get these wages paid to you, or you can file a complaint with your <a href=”http://www.dol.gov/dol/location.htm”>state employment office</a>.

January 3, 2014 at 8:13 pm
(137) steven says:

I work in the state of Texas for a PVC plant. I have been late in the past to work. Lately they will send me home and I won’t get paid for the day. That, I understand. The day after Christmas I showed up an hour late. Instead of sending me home they took my Christmas day pay away (I didn’t work that day it was like a paid vacation). They also deducted the hour I was not there. Is it legal for my employer to do this?
Thank you,
Steven

January 16, 2014 at 1:23 am
(138) Jane doe says:

I have worked for a family owned biz as a sales rep for almost 30 years .
The owners son has taken over the company and has made changes
To the computer system where the sales department no longer have access to Important info where our commission is concerned. He has made changes to how we get paid with our any notification. As a commissioned employee I feel we are being cheated out of our pay.
We work on a floating scale based off the cost and without access to the
Cost our commissions are not what they should be. In addition I feel that unfair unethical practices are taking place. Every sales that should be paid on is extremely lower as the company is rigging the numbers to short
The commission paid. It’s a crying shame ! Any advice?

January 16, 2014 at 12:24 pm
(139) fran mcgee says:

I am on workers comp and I am having trouble collecting money and intrest that is owed to me for under paid weekly wage (retro active three years worth) and I was wondering if you think I can sue insurance company for breach of contract. It has been 60 days since agreement has been reached and several letters and phone calls have been made. I live in pa where comp laws are SOOOOOOO bias in favor of comaneys

January 25, 2014 at 4:52 pm
(140) susan says:

my husband stopped working at a janitorial company on 2012 and today he got a w2 form stating he earned almost 13k at this company we heard his manager did this to other employees but never thought he would do it to him. can he sue them or should we just send a petition to correct the w2 form which should be 0.00 because he didn’t work for them on 2013. I really don’t know the procedure but I think this is wrong. oh and by the way my husband did work at a different place last year so maybe the irs will change him. can someone answer my question.

January 29, 2014 at 12:01 pm
(141) biztaxlaw says:

William Perez, at Tax Planning, has a good article o<a href=”http://taxes.about.com/b/2006/03/01/incorrect-w2-what-to-do.htm”>n how to deal with a W-2 you feel is incorrect</a>.

January 31, 2014 at 3:27 pm
(142) Shelly says:

I understand the wage laws but am curious if I can sue for the loss of my car, my house (even though I was renting), and all the stress I’ve had to deal with trying to keep my life together. Haven’t been paid in two months.

February 4, 2014 at 4:29 am
(143) wayne says:

i am a server and my boss uses my wages to pay my taxes. is this a ommon practice?

February 12, 2014 at 5:52 pm
(144) nikki says:

I would like to know if I could sue my employer for not paying me ? The reason for me not getting paid according to him was that I was just on training . I only worked for him a week 29.5 hrs which would be $236.00
please advise

April 1, 2014 at 4:52 am
(145) jacob says:

iv ben waiting on a pay check for over 6 mounths and everytime i try and find out if im ever ganna get paid i jsut get ignored like im not worth the time i have court fees to pay and have had my liscence taken away because of this what can i do

April 18, 2014 at 3:50 pm
(146) saikoz19 says:

Im in a doubt, i want to sue a small company of landscaping, i was currently working there for a year and half, i was getting payed in cash and i was only getting 7 hours paid , i was not in payroll, and never recieved a check for working there, how can i sue them to get the hour i was not getting paid ?

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