What to do if I work for a company in one state butit is based out of another state and they have not paid me my salary?

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What to do if I work for a company in one state butit is based out of another state and they have not paid me my salary?

The business is based out of MT; I live in NM. They have a business license using my home address and they are LLC. I have not been paid for 3 pay periods and the first payperiod check bounced. I get the runaround from them of course and I know that they are literally broke but that is not my fault or problem. I cannot use NM Dept Of Labor as they state it is not in their jurisdiction. I contacted US Dept Of Labor and they can only file a conciliation to ask them to pay me my wages. If they do not respond or do not comply, the US Dept will forward this request to MT Dept O Labor. If nothing privatesuit?

Asked on November 23, 2010 under Employment Labor Law, New Mexico

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the government--any government--cannot or will not help you, the recourse is to file a private lawsuit. Companies are obligated to pay both wages to employees for work actually done or to pay independent contractor according to the terms of the service agreement (oral or written). Of course, if the company is an LLC and is now out of business or has no money, then there may be no way to recover anything and a lawsuit would not be worthwhile. The owners of an LLC are not responsible for its debts, so even if the LLC itself could not pay you, then you can't get the money from the owner(s). Also, it's often more difficult and costly to sue someone based in another state...this may be a case where you have to write the loss off as a practical matter.


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