What are my rights to obtain payment for past work done from an employer who is unwilling to pay me?

Get Legal Help Today

 Secured with SHA-256 Encryption

What are my rights to obtain payment for past work done from an employer who is unwilling to pay me?

I have a contract with a company that states that I should receive a draw of $600 a week as a salary for working full-time. I recently was told that I was going to be terminated. I asked if I could have til the end of the month to finish some of my commission sales that I was working on. They said yes. I worked full time for the last two weeks and now they are refusing to pay me. They told me I owe them money for the commissions that I haven’t fulfilled with the draw. However, before I signed the contract, they told me that if I didn’t fulfill the draw, they would pay me the $600 anyway. Now they are trying to say they won’t pay me. I have been working for thr past 4 months. They refused to pay me for the first 2 weeks of work, now they are not willing to pay me for the last 2 weeks. They also did not give me medical,dental benefits and I worked full time for 3 months. What are my rights?

Asked on February 3, 2012 under Employment Labor Law, Hawaii

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You have a right to be paid everything which they agreed to pay you for the work which you demonstrably did, subject to any set offs or reductions for any amounts which you owe them per those same agreements.

If you have not been paid what they agreed to pay you--which includes not having been provided any benefits, insurance, etc. which they should have paid you--your recourse is to sue for the money (and the cash equivalent of benefits you should have received). For amounts totalling less than $3,000, you are probably best off representing yourself in small claims court; for amounts over that, you may wish to consider retaining an attorney to represent you.


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