Not getting paid by an employer- what to do?

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Latest post 10-27-2009 12:04 PM by Drew. 2 replies.
  • 10-27-2009 11:25 AM

    Not getting paid by an employer- what to do?

    September 2009 I left my job for a new one. I was offered a job as a graphic and web designer for this new company in NH & VT building websites and a Real estate magazine. I was led to believe that this was a regular job, told that would be paid 26k / $500 a week, every week. Since the start of my employment with him he has only paid me twice, so in total he has paid me $1000. He now owes me for September 21 thru October 23.

    On Friday I informed him that I can not continue working for him if he doesn't pay me. At that point he told me that things change and now he wants to contract me as a freelancer and pay me differently. I told him that if that were to happen I would need a contract and I still expect to be paid for everything that I have already done. The response I got from him was that we would need to discuss that. As far as I am concerned there shouldn't be anything to discuss, he owes me paychecks for my hard and dedicated work. There are many more details involved that I have left out to keep this short and to the point.

  • 10-27-2009 11:51 AM In reply to

    • Cica
      Consumer
    • Top 25 Contributor
    • Joined on 09-23-2003
    • Posts 6,519

    Re: Not getting paid by an employer- what to do?

    swatdesigns:
    I told him that if that were to happen I would need a contract and I still expect to be paid for everything that I have already done. The response I got from him was that we would need to discuss that.

    If I understand your situation correctly, I'll assume that you are either straight salary or per hour wages, not retail commissioned.  (Commissions would be based on sales, etc.--this type of salary things like web sites and magazines DO have.  I believe that they have to be paid upon finalization of transaction.)  If your salary is not commissions-based, he's right. He would have to discuss it -- with Wage and Hour. 

    Your option is to file a wage claim with DOL.

     

  • 10-27-2009 12:04 PM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,165

    Re: Not getting paid by an employer- what to do?

    As to past work I agree--he owes you as agreed and you need to get off your duff and file a wage collection complaint with state dept of labor.

    As to any future deal you two either accept or reject somethin gand get it clear on paper waht it is.

     

    Until he either formally fires me or tells me what the  new payor new deal is to be  is I'd be of view that prior payscale is in effect but I would NOT share this view with him yet!   You are into grey area of words--the new deal is X and Y is dead as to future ,  is not the same as saying Y will be over soon and we need to implement X soon.

    He may think he said one and you though you heard other ..but don't refresh issue too soon to your disadvantage.

     

    If he cannot afford to pay you,  you need to make some other decisions as well!



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