Is there anything that can be done when an employer hasn’t paid wages for 6 weeks? other than file complaint with Dept of Labor

UPDATED: Apr 21, 2016

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Apr 21, 2016Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Is there anything that can be done when an employer hasn’t paid wages for 6 weeks? other than file complaint with Dept of Labor

Currently, our employees haven’t been paid since 3/1. checks written were either returned from our bank or uncashable at the bank it was written on. Filed complaint with Dept of Labor. Is there anything else we can do? This woman should not be in business. She should be arrested for writing bad checks knowing there wasn’t any money in account.

Asked on April 21, 2016 under Employment Labor Law, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You could try suing--e.g. in small claims court (fast, simple, and inexpensive if you act as your own attorney, or "pro se"). Note, though,  that if there is no money in the businsess--whether that's due to bad luck, bad management, bad debts from customers, or bad (i.e. criminal) behavior, you are unlikely to recover your money. Regardless of right or wrong, or whether the employer is liable (as, based on what you write, she seems to be), a court judgment in your favor does not make money appear where this none: even if she is ordered to pay you, if there is no money, you won't be paid. 
If the business is a corporation or an LLC (limited liability company), you sue the business; if the business was a sole proprietorship or partnership (i.e. not an LLC or corporation), you sue the owner(s) personally.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption