What to do if my husband has not received his pay for the end of last month?

UPDATED: Feb 21, 2012

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: Feb 21, 2012Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if my husband has not received his pay for the end of last month?

He was told not to file unemployment. However, after several weeks of no work he did file. Owner won’t answer calls. He was an hourly employee. Several employees have not been paid. Company is folding. I assume they can’t file bankruptcy as they had done so a year ago. File small claims? Police report for theft of services?

Asked on February 21, 2012 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Unfortunately, while this "feels" like theft, it almost certainly is not. Criminal liability depends on a criminal state of mind or intention, called "mens rea." If the employer from the very beginning intended to defraud employees by not paying them, that could be a crime; but if employees previously were paid, then the company became unable to pay, that is not a criminal act, since there would be none of the requisite criminal intent.

Your husband may and should sue for the money he is owed. Small claims court is a good place to do this, since costs are minimal and cases tend to move faster. If the company was not a limited liability company (LLC) or corporation, he can and should name the owners individually as well as the company; but if the company was an LLC or corporation, he may only sue the business.

If the company is shut down, has no money, and/or files bankruptcy, he may not be paid; therefore, if you're going to sue, do it now, before these things happen, which will increase the odds of recovering compensation.

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 AttorneyPages.com 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