If my employer is not paying their employees on time and it’s happened now for several consecutive pay periods, is there anything I can do?

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If my employer is not paying their employees on time and it’s happened now for several consecutive pay periods, is there anything I can do?

Recently it happened again, I received a call from the CFO but missed the call. When I went to call him back, he would not answer my call (5 min after he called me). After 10 calls and no answer, I called him from a different # and he answered on the first ring. I was so upset, at both the missed pay and lack of professionalism on his part, I yelled at him. Now, I have “unofficially” been suspended, with no one actually telling me. In fact they lied to me and said there were no patients for the week. Now, I am still not on the schedule and still no one has even called me yet. What should I do?

Asked on August 3, 2012 under Employment Labor Law, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you are not paid money due you for working, you could sue for the money or file a complaint with the state department  of labor. However, if you always get paid, even if somewhat late, it's not clear that it is worthwhile bringing a lawsuit--since if you were paid by the time the case goes to trial, you have nothing to sue for--though you will may wish to explore or consider contacting the department of labor.

Unfortunately for you, having yelled at an executive, even if you believe you had good cause, you were insubordinate, and you could most likely be terminated "for cause" (no unemployment benefits); alternately, the employer could do anything short of termination, like suspension or not assigning you hours.

You may be best served by trying to find alterate employment, and suing if you end up not being paid in the entirety. For furture reference, bear in mind that you are never entitled to yell at a supervisor--doing so, regardless of the cause, can result in negative consequences.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you are not paid money due you for working, you could sue for the money or file a complaint with the state department  of labor. However, if you always get paid, even if somewhat late, it's not clear that it is worthwhile bringing a lawsuit--since if you were paid by the time the case goes to trial, you have nothing to sue for--though you will may wish to explore or consider contacting the department of labor.

Unfortunately for you, having yelled at an executive, even if you believe you had good cause, you were insubordinate, and you could most likely be terminated "for cause" (no unemployment benefits); alternately, the employer could do anything short of termination, like suspension or not assigning you hours.

You may be best served by trying to find alterate employment, and suing if you end up not being paid in the entirety. For furture reference, bear in mind that you are never entitled to yell at a supervisor--doing so, regardless of the cause, can result in negative consequences.


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