What can an employee do for continually late/no paychecks?

Question Details:

Paydays are 7th and 22nd of each month. Checks are always days late. Now its the 18th - 11 days after payday. Last Friday, management told us the company had to pay $112,000 in property taxes and that checks would be there Monday. Now its Wed morning and nothing. They're not even telling us anything anymore. It is a hotel that I work for. Today the "investors" were there having a meeting. I've filed a complaint with the labor board but that takes weeks. I'm about to be evicted and haven't eaten in 2 days. What can I do?

Asked 11/18/2009 under Employment and Labor | 445 View(s) | More Legal Topics

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Employment and Labor Law Answers

your legal remendy is to file a wage violation in court.  most states have statutes that state that the employer is liable to the employee for failing to timely pay wages. wages are due in most states biweekly or weekly.  you may be entitled to double damages under the statute as well as reimbursement for your attorney's fees should you hire a lawyer.  I suggest that you hire a lawyer immediately.  ask the lawyer whether he would advance you some money (which you would credit back to him in a settlement) so that you can eat and not be evicted.  the lawyer should know whether you have a good claim under the statute and based on your facts, it appears you do.  most lawyers will speak to you for free the first time.

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