What if I’m not getting paid by my employer?

UPDATED: Sep 30, 2022

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What if I’m not getting paid by my employer?

I drive team with my boyfriend for trucking company. We just started with this company and we were told different time he would pay us well he has only paid me $500 out of $1474.87 and then he told us he lost his company papers and all of ours. Plus, he doesn’t have the money to pay us. What can I do to

get the pay that is coming to me?

Asked on January 27, 2017 under Employment Labor Law, Iowa


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Legally, he must pay you if you did the work. You can file a wage complaint with the state department of labor, who may be able to help you get paid; and/or you can sue (e.g in small claims court, as your own attorney, or "pro se") for the money, based on "breach of contract" (violating the agreement, even if only an oral or unwritten one, pursuant to which you did the work). 
That's the law. Practically, IF he is telling the truth and has no money, you may not be paid: only your employer is liable, or responsible to pay you, and the law does not make money appear where there is none. If he has no money, you will not receive any. However, you do not have to simply take his word for it: you can sue him and put it to test in the courts. 

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.

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