Can an employer not pay me due to being behind in paperwork?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can an employer not pay me due to being behind in paperwork?
I’m a homecare nurse and haven’t gotten paid in 3 weeks due to being behind on paperwork. However, most of the week I’m still out doing start of cares, wound care, etc. but not getting paid for it.
Asked on November 14, 2016 under Employment Labor Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
It depends on what paperwork. If you are hourly (i.e. paid on the hours you work) and have not done your timesheets, they can hold off on paying you because they *have* to hold off--you haven't provided them the information they need to determine how much to pay you or process your payment.
But they can't withhold payment due to hours unrelated to calculating or verifying your pay. If they are withholding pay for such unrelated paperwork, you can contact the department of labor to file a complaint and/or sue them (e.g. in small claims court) for the money they owe you.
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.