What can I do to be sure I am payed the money owed me if my employer requested that I hold my paycheck due to cash flow problems?

Get Legal Help Today

 Secured with SHA-256 Encryption

What can I do to be sure I am payed the money owed me if my employer requested that I hold my paycheck due to cash flow problems?

Was told 2 weeks ago that he would take care of this and monies would be in bank, then he goes on business trip and still no funds in bank. I suspect fraud, only to find that he has been convicted of bank and mail fraud in the past.

Asked on October 26, 2010 under Employment Labor Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Legally, you have to be paid for work done--the employer can't delay paying you. Practically, sometimes a business has a cash flow crunch, and if you trust the business and feel the crunch is temporary, it's not worth trying to bring a legal action or complaint--just monitor the situation to make sure it's resolved in the time frame you estimated or were led to believe.

If you think there's fraud or the possibility of fraud, that's a different story--and  it seems like you have some reason to be concerned. In that case, you might want to contact your state Dept. of Labor right away and/or speak with an attorney who could take action on your behalf (if a group of you were affected, you can retain the attorney jointly to reduce costs). Act quickly; if there's fraud, the longer you wait, the greater the chance all the money will be gone and you won't be able to recover anything.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption