If my employer failed to pay me for over2 months, what are my rights?

UPDATED: Mar 5, 2012

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If my employer failed to pay me for over2 months, what are my rights?

I had to break my lease and move my family out before getting evicted. What can I do to protect myself and my credit?

Asked on March 5, 2012 under Real Estate Law, Oklahoma


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

There are two very different issues here:

1) If your employer has not paid you for work which you did, you can sue the employer--you must be paid for all work. Not only can you sue for the unpaid wages, but you could also seek to collect other costs flowing out of that breach, such as moving costs, bounced check fees, additional interest or penalties from not being able to pay debts on time, etc.

2) However, if you can't pay your debts in a timely manner, or break the lease, it will affect your credit--the fact that someone else's wrongdoing led this to happen is no defense in this case, since you cannot plead someone else's violation of their obligations to you as grounds for you to violate your obligations to another, such as to your landlord under the lease.

Therefore, you can seek to recover the unpaid wages and other compensation, but can't avoid the consequences of your own default.

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