What is my recourse if my previous employer didn’t pay my salary for 4 months?

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What is my recourse if my previous employer didn’t pay my salary for 4 months?

I am an IT consultant. I’ve joined a new company 2 months ago after quitting my previous employer. My previous employer has run my payroll for the months of Feb – May, but I received only the pay stubs for those months not my salary. I’ve sent them many e-mails asking for my salary; they were saying they will deposit them for me but nothing. I want to know what action I can take now against my previous employer

Asked on August 1, 2011 Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Florida does not have a last paycheck law on the books for you to send any type of request based upon it.  But what worries me most is that they are giving you stubs with no money and possibly reporting the wages as earned (tax issues for you, etc.).  They are embezzling money from the company if they are keeping money earmarked in your name.  I would contact an attorney on a flat rate basis to write them a very strong letter regarding the matter and see where that gets you.  Otherwise you can sue them in small claims court (depending on the amount) for the money owed.  Good luck. 

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Florida does not have a last paycheck law on the books for you to send any type of request based upon it.  But what worries me most is that they are giving you stubs with no money and possibly reporting the wages as earned (tax issues for you, etc.).  They are embezzling money from the company if they are keeping money earmarked in your name.  I would contact an attorney on a flat rate basis to write them a very strong letter regarding the matter and see where that gets you.  Otherwise you can sue them in small claims court (depending on the amount) for the money owed.  Good luck. 


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