Can your boss tell you that you’re getting paid per diem and then fly you up to Alaska and end up not paying you per diem

UPDATED: Sep 30, 2022

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Can your boss tell you that you’re getting paid per diem and then fly you up to Alaska and end up not paying you per diem

So my boss get me hired on with Western
Steel and Promises me a per diem flies
me up to Alaska I work a month and I
get shorted on all my hours and then I
get no per diem what do I do and I had
to pay for my own flight home when they
promise me they would pay for it

Asked on November 22, 2016 under Employment Labor Law, Washington


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You can sue for the money. There was an agreement, even if only an oral or unwritten one, that you would travel and work in exchange for a certain wage (and being paid for all hours worked) and a per diem. If you were not paid as agreed, your employer breached or violated that agreement; since oral agreements are enforceable, you could sue for breach of contract for the money to which you are entitled. To win, you'd need to establish in court the terms of the agreement and that you did the work, by some combination of testimony, documents (like emails, text messages, plane tickets, etc.) You can also sue for your flight back, since the employer should have paid.

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 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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