What to do if my pay is being illegally witheld from me?
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What to do if my pay is being illegally witheld from me?
My boyfriend and I work as subcontractors for the same company. He does business in his own name as a painter and I do business as a cleaner (LLC). He has debt with the company. Can my LLC checks be held for his debt just because we are boyfriend and girlfriend?
Asked on June 21, 2012 under Employment Labor Law, New Hampshire
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Based on the facts presented, this action indeed appears to present a violation of labor law. What you need to do know is to make your employer aware of this and tell them that you will go to your state's department of labor and file a complaint if you are not paid immediatley. You can also let them know that you will consult with an employment law attorney to seek a further legal remedy, which may include fines/penaties being imposed on them.
Then, if they still refuse and continue to withold your paychecks, you will in fact need to contact the labor department in your state. They will advise you on how to file a compliant in this matter. You may then also want to consult with an employment lawyer in your area; typically a consultation for such a case is free (but you can check on that when you call their office to make an appointment). Sometimes, it just takes a letter from an attorney to staighten out an uncooperative employer.
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