What are my legal options if my paycheck is getting dispersed late?

UPDATED: Aug 24, 2011

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What are my legal options if my paycheck is getting dispersed late?

My bi-weekly paycheck was due last Friday and due to some legal issues with the IRS the company keeps postponing payment. It’s now Wednesday and the job has said for the third day in a row we’ll get our checks first thing in the morning. Due to late payment I have several bills that are now late and a child in need of school supplies that are also late. Is there anything that can be done to help force payment of monies owed?

Asked on August 24, 2011 Mississippi


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You certainly can do something to enforce payment. You should immediately contact your state's department of labor and explain that the employer is violating the law by improperly withholding payment and not paying on time. Do not be surprised if the labor department is not immediately on top of it, but be persistent and put all of your correspondence in writing. Your employer (if it discovers you are the one who involved the state) cannot retaliate against you for informing the state of an employer's labor/wage payment violations. The other alternative is to seek employment elsewhere or another secondary job and then sue your employer for those monies plus interest or late fees you incurred for not having your paycheck in time.

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.

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