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


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.

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