Can i be denied per diem because the 2017 books are closed?

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Can i be denied per diem because the 2017 books are closed?

Hello. I am working for a staffing company
based out of Atlanta Ga, on a project paid
for by our client. I travel all over the
country working, and as part of my contract,
I’m supposed to get 175 weekly in per diem.
My first few checks in 2017 had per diem, and
were fine. I just recently realized the
company hasn’t paid any per diem to me from
Aug 2017, until I found out and complained 2
weeks ago, March 2018. I was told that all
per diem owed for 2018 will be on my next
paycheck, but tough luck for what is owed
from 2017 because ‘the books are closed’.
I know this has to be hogwash.
What recourse do I have? I’m thinking I can
get them on breach of contract?

Asked on March 12, 2018 under Employment Labor Law, Georgia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No you cannot be denied your per diem so long as it is stated is in a contract. Closing the books means nothing; it in no way affects your employer's legal obligation to compensate you. If need be, you can sue in small claims court.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, you can sue them for breach of contract, if the per diem is in your contract. There is NO legal significance to "closing the books": that does not in any way affect or reduce their legal obligation to honor the terms of the contract. They just have to figure out how to adjust their books and pay you, or else you can sue them and force them to pay you anyway.


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