If my job has not paid me according to my pay structure, what legal recourse doI have, if any?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my job has not paid me according to my pay structure, what legal recourse doI have, if any?

I have been at my current job for 21 months; 8 of those months I did not receive any commission. I was supposed to get a pay raise (including 1 e-mail from the president of the company, and 1 e-mail from the CEO stating my pay rate). They have not paid me accordingly and I would like to know what actions I can take. This mispayment has caused a great financial burden, as well as taken an impact on me personally in terms of health and emotional distress. I have been “contracted” so they don’t have to pay taxes for me nor offer any benefits.

Asked on October 16, 2011 under Employment Labor Law, Nevada

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

There are two different issues here, and you should consult with an attorney on both of them:

1) First, the terms of whatever contract or agreement in had in regards to compensation, commission, etc. are enforceable; and if there was a contract in place about a pay raise, that would be enforceable, too. The question is, was there any contract(s) in regard to these items and, if so, what were their terms? For example, an email saying you would get a raise does  not necessarily--or even likely--create a contract, since you are not giving anything in return ("consideration") for the raise. It's just a promise, and mere promises are not legally enforceable. You need to review the alleged agreements and their documentation with an attorney to see to what extent you have enforceable rights.

2) Simply calling someone an independent contractor and paying them on that basis does NOT make them an independent contract. The Dept. of Labor, on its website, will list the tests or factors to be considered in whether someone is an independent contractor or not. In brief, and to oversimplify, an independent contractor is *independent*: he or she determines his or her hours for the most part, provides his or her own tools, usually has more than one client, determines how he or she does the work, advertises for his or her own services, etc. If a "contractor" has only one employer, works onsite, is subject to control over how the work is done and the hours, etc., there's a good chance he or she is really an employee; if really an employee, he or she should have been compensated as an employee, including having the company pay its share of FICA, getting overtime if applicable, being eligible for benefits, etc. Therefore, the company misclassified you, they may be liable to you for the compensation you should have received as an employee. An employment lawyer can review all the circumstances of your employment and help determine if this was the case.


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 with SHA-256 Encryption