What to do about back-owed wages?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do about back-owed wages?

I have been working for a security company for a few years where I was getting paid in cash because it was “off the books”. I was keeping track of what they owed me but the number has gotten so high that I feel no one will take me seriously if I actually told them my story. The company laid me off all of a sudden 4 months ago. I sometimes call to see if they have any locations avalible for me to work because I have no other source of income. Do you think I have a case? Do I have a chance to get paid what I am owed?

Asked on December 23, 2012 under Employment Labor Law, New York

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You have one of two cases.  If you were an employee, but they just "kept you off the books," then you could still file a wage claim with the New York Department of Labor.  You can also file a request for unemployment benefits.  If the Labor Board determines that you were not an employee, but rather an independent contractor, you are not without options.  As an independent contractor you still have the right to be paid for the services that you rendered and you would have a valid claim for non-payment of services rendered. 


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