I have not been paid by an employer, its been 2 months.

UPDATED: Oct 1, 2022

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I have not been paid by an employer, its been 2 months.

I worked giving out lunches to kids in
the month of July. I was told I was
going to be paid on Aug 4 2017 and
was not. Every week after that i was
told that the Texas Department of
Agriculture is reviewing our paperwork
and we will not be paid until they
reimburse them their money.. what
legal actions can I take? There is about
5 of us in this situation.

Asked on October 6, 2017 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can sue for the money. It does not matter if the employer is having some problem with reimbursement or otherwise with payment, with their contract, etc. You did the work: therefore you must be paid for having done it under some or all of--
Contract law (there was an agreement, even if only an oral/unwritten one, under which you agreed to work in exchange for pay; you did your part, they must do yours);
Labor law, which requires that hourly employees be paid for all work done
"Unjust enrichment" legal doctrine: they are not allowed to be unjustly or unfairly enriched by having the benefit of your work, which they knew you were doing only for pay, without actually paying you.
Suing in small claims court, as your own attorney, would be a good, inexpensive, and comparatively fast (small claims court is quicker than other courts) option, so long as the amount is less than the small claims limit. 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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