What can I do if I have not paid from my job for the past 3 months?

Payroll was switched from one company to another last month. I called corporate and they stated that no numbers were entered at all. My manager is supposed to enter these numbers, so they can generate pay. Can this become a legal issue?

Asked on February 2, 2016 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, they legally owe you the money: they are violating both wage and hour laws and also your contractual right to be paid under the terms of the agreement (even if it's only an unwritten or oral one) pursuant to which you work in exchange for wages. Not only do they have to pay you your wages, but any other costs you have incurred due to their failure to pay you (e.g. if you were late with credit card or rent payments, and incurred late fees). You may wish to go over your manager's head and let either his/her supervisor and/or HR know that if you are not paid all the money due you by next payroll, you will have no choice but to take legal action--and that while you don't want to do that, you have to be paid for the work you've done. (And if they try to tell you they can't get you the money that fast, that's not true: my wife works in HR and when there is a problem with payroll, they can cut a manual check for employees to make sure they are paid.)
If you have to take legal action, you can contact your state department of labor, to see if they can help; and/or sue your employer for the money.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.