Can I sue if I worked for a company for 2 weeks and have yet to be paid 2 months later?

UPDATED: Jun 13, 2011

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Can I sue if I worked for a company for 2 weeks and have yet to be paid 2 months later?

I worked for a national retail chain and they never did my I9’s, nor did they take a record of my time. I spoke to the manager and she said she called corporate and they would issue my check in a week. This was a month and a half ago. Today I called corporate and they informed me that the manager never contacted them at all and this was the first they heard of my situation. They flat out lied to my face. The only proof that I worked is the camera and the employees I trained with.

Asked on June 13, 2011 under Employment Labor Law, Kentucky


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

There are two distinctly different issues here:

1) Legally, if you did the work, you have to be paid--period. There is no exception EXCEPT if you agreed in advance to do certain work without pay (such as for  training), but that's a very narrow exception. In KY, the final paycheck must be provided within 14 days or by the next regular pay period, whichever is sooner.

2) Practically, if they won't pay you, you'll need to either  file a claim with the department of labor or bring your own legal action. In either event, you'll need evidence that you worked. From what you write, while you might be able to furnish such evidence, it's not a certain or given that you could.

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 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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