What can I do if my employer has not paid for the time I worked?

I have not gotten a paycheck for this month. They tell me that they are waiting for a check to clear. However, they never have enough money in the bank. What can I do about this?

Asked on February 26, 2012 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The employer has to pay you for all work done. If they do not, you have two options:

1) You can try contracting your state labor department, filing a complaint, and seeing if they will take action on your behalf.

2) You can sue the employer for the money, including possibly suing in small claims court, where you can act as your own attorney.

Note that often in cases like this, one or more of  the following is occuring:

a) The employer is failing financially;

b) Someone (e.g. an owner) is diverting or embezzling funds.

If either of those is occuring, the longer you wait to act, the greater the chance there will be no money left to recover, the company will close its doors, the company will file bankruptcy, etc. Therefore, you should  probably not delay in taking action.

 


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