Employer not paying for work done.

UPDATED: Sep 30, 2022

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Employer not paying for work done.

My husband worked out of town for 2 weeks, employer in fl never asked for a W2 to be filled out. Work is done but now

he doesn’t want to pay for work completed. What can he do to get paid?

Asked on July 6, 2017 under Employment Labor Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Sue the employer--that's how you recover money when you are legally entitled to it, but the other person or business does not pay. The employer/employee relationship is essentially contractual for this purpose: employees do work pursuant to an agreement (even if only an oral, or unwritten, one) that they will be paid for their work; if the employee holds up his end and does the work, he is contractually entitled to be paid, and the employer is therefore contractually obligated to pay him. If the employer does not, it has violated its obligations and can be sued for "breach of contract." That wold be the main or primary basis according to which you would sue.
Secondarily, you would also sue for "unjust enrichment": the law does not let someone knowingly or intentionally accept the benefit of your work (knowing you expect to be paid) without paying you for it; they would be "unjustly"--or unfairly--"enriched" by doing so.
If the amount at stake is equal to or less than the limit for small claims court, suing in small claims court, with your husband acting as his own attorney or "pro se," is a very cost-effective option; and while it will still take weeks, that's weeks, not months--small claims court is faster than other courts. Good luck.

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.

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