What to do if the company that I work for is currently 3 paychecks behind?

UPDATED: Oct 19, 2012

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What to do if the company that I work for is currently 3 paychecks behind?

They got one behind and eventually became 2 and now are 3. The way they did this was delay the day checks were to be given out. Payday is supposed to be every other Friday. This was delayed to monday then to Wednesday and then eventually we were not given the current check until the following Thurdsday making them 12 days late. It continued like this until now they owe us 3 checks. what would be the ramifications come the end of the year and when tax returns are due if this continues like this.

Asked on October 19, 2012 under Employment Labor Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You could sue your employer, including potentially in small claims court (where you  could act as your own attorney), to recover any paychecks which are due to you but have not been paid, though whether that is worthwhile at this point is unclear.

Taxes are based on monies actually received during the year as income; your tax liability should be based on checks you have actually received.

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