Who is liable for non-payment of wages?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Who is liable for non-payment of wages?
I work for a guy who contracts for a larger company. Payday was supposed to be last week but the co still hasn’t paid for the work we did. So do I go after my employer who is also waiting or the company he contracts for seeing how its their mess up for not paying when due?
Asked on September 13, 2016 under Employment Labor Law, Indiana
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
The company your employer contracts with has NO obligation to you in regards to your wages, and is not liable if your employer doesn't pay you, any more than if you were late paying an invoice to your plumber, a plumbing assistance could sue you for late or unpaid wages. Only your employer is liable to you for unpaid wages, and legally, his failure to be paid does not absolve him of the obligation to pay his workers. So legally, you could sue him for not paying you. Practically, of course, if he truly has no money to pay you with, suing may not get you anything: a judgment or court order in your favor does not make money appear where is none. So if he could pay, but would rather not until he is paid, suing can get you money; but if he is insolvent and doesnt' have the funds to pay, suing may not help.
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.