If my employer hasn’t paid my salary for over 5 months, what can I do to get my money back?

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If my employer hasn’t paid my salary for over 5 months, what can I do to get my money back?

I am a contractor working for a client who pays my employer for the services I

provide. My employer has received all the money from the client but hasn’t paid me since past 6 months. The total amounts owed to me is in tens of thousands of dollars. I am also on H1B visa, so the company holds my H1B and runs my payroll for all the services I provide to the end client. What are my options?

Asked on May 24, 2018 under Employment Labor Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You sue the employer for the money. Whether you are on an H1B visa or not, if you performed your end of the contract (the agreement under which you would work in exchange for pay, whether that agreement or understanding was in writing or oral), your employer is legally obligated to pay you. If they do not, you may sue them for "breach of contract" for the money. You would have to prove in court, whether by believeable testimony, or emails or texts, or memos or timesheets, or actual contracts, etc., that you did the work and the amount you should have been paid.


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