What do I do if the payroll company my school isn’t paying me the rest of my paycheck?

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What do I do if the payroll company my school isn’t paying me the rest of my paycheck?

I work for a charter school who uses a third party to complete its payroll. I fill out a time sheet for every pay period. I submitted my timesheet before the due date of this last pay period. I was to be paid $883 last week. The direct deposit in my account was $330, approximately $550 short. I have reached out to both my principal and the payroll company numerous times. I have emailed at least 10 times and telephoned close to double that. I was informed the day after the deposit that I would not be contacted and all the communication must be through my principal. My principal told me she would take care of it. She also told me she has left several voicemails and emails, but still neither of us has received any response back. I sent another email today informing the company, along with my principal, that I was seeking out legal help because simple contact has not resolved the problem.

Asked on June 21, 2017 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Since the payroll company is third party and has no direct obligations to you (their obligation is to your employer, who contracts with and employs them), you do not have recourse directly against the payroll company. Rather, your recourse is against your employer: *they* are the ones legally obligated to pay you for your work (even if that means writing a business check to you for your missing pay, then recovering any money from the payroll company which they had paid to the payroll company but the payroll company failed to remit to you). Your employer has to make your whole: if they refuse to step up and insure that you are paid, your recourse, as stated, would be to sue the employer for the money, then let them take whatever action they deem appropriate against the payroll company.


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