If my husband’s employer has withheld his paycheck for 6 months, what actions can be taken?

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If my husband’s employer has withheld his paycheck for 6 months, what actions can be taken?

Employer is a personal friend. Company is in GA and we live in AL. Employer would lie and say we sent your check and we would never receive it and then would say we don’t have the money should have it next week. Completely gave us the runaround. My husband stuck it out because it was a personal friend and we were then in the situation that we could. Now we are completely broke and need to be advised of what we can do about this to get his money. Now he has been laid off.

Asked on September 5, 2011 under Employment Labor Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your husband did the work, he must be paid--there is no exception. If the employer will not voluntarily pay, you can sue to obtain the money (and suing is the only way to get the money). You can sue for all unpaid wages and for other costs incurred because they were not paid, such as any bounced check fees; late charges because you couldn't pay debts on time; etc. If the amount is a few hundred to, say, around $1,500 or so, you may wish to file your case in small claims court, where you can represent yourself and don't need to hire an attorney; for larger amounts, even if you should file in small claims, you'll definitely want a lawyer to help you, to maximize the chance of winning and getting the money to which you and your husband are entitled.

Independent of that, if  you husband was laid off, he should file for unemployment compensation.


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