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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 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.


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