What can and should I do my paychecks have not been sent?

UPDATED: Nov 16, 2010

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What can and should I do my paychecks have not been sent?

I sign on as a Independent Contractor with this merchandising company in late 09/10 and everything was going okay. I completed my assignments (as I did all of them as required) and my first pay check arrived when it was supposed too (held back 2 weeks, then paid on the 1st and the 15th of each month after that). The second one I needed to call them and ask where it was? They said that their contract had been canceled and they were going to send me one part of my pay by mail, and the other part of it, they were going to electronically deposit in my account when I got them my account information. I gave them that information and the next day it still was not in my account. Now after a couple of more phone conversations to state that fact, they finally deposited it in my account (one part of it). Well I did not receive anything in the mail that weekend or on the following Monday (11/08). I was to be paid on the 1st for work I have completed from 10/15. So I called again, and again, and again, and now they said they were going to make deposits on Wednesday 11/10/10 and Friday 11/12/10 and on Monday 11/15/10. Now they had lied to me several times and now have lied to me again (I have not received anything). They are not answering my phone call;, they have only paid me $1,140 of over $4,500 that they owe me. What should I do?

Asked on November 16, 2010 under Employment Labor Law, Michigan


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

Answered 12 years ago | Contributor

The first thing that I would do is to call the Department of Labor in your state as well as the State Attorney General's Office and file a complaint.  If the business is licensed in your state then these two agencies inquiring on your behalf should be enough to scare them in to paying you.  They will also be able to get to the bottom of their lack of payments. The other option you have is to file an action in small claims court for the back wages.  I would do something quickly and re-think working for this company.  They do not sound reputable and it sounds as if things are going bad very quickly for them.  Good luck.

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