Did not get paid

[NHdisneylover]

I agree, now it is reasonable to go to the labor board. You spoke directly to the owner and gave him a chance to make it right and he refuses to fix the company's error and pay you in a timely manner.

 

[DisneyPrince1982]

Why not just wait until the 30th though? I understand you badly need the money but the 30th is only a week away. If you don't get it then, then definitely file the complaint. But just so you know, it's not as if the Labor Board will get your complaint and then have the matter resolved the next day. Those things can take some time to play out.

 

[ashleybea1]

Why not just wait until the 30th though? I understand you badly need the money but the 30th is only a week away. If you don't get it then, then definitely file the complaint. But just so you know, it's not as if the Labor Board will get your complaint and then have the matter resolved the next day. Those things can take some time to play out.

Thats what my boyfriend is telling me to do. Just hold out and wait until the 30th. I'm currently emailing them because I would like to the know the exact hours they are paying me for. I do not trust that I will be paid correctly. And now they are ignoring my emails and refusing to give me the information. It just makes me feel like they are planning to not correctly pay me.

 

[Southernmiss]

Thats what my boyfriend is telling me to do. Just hold out and wait until the 30th. I'm currently emailing them because I would like to the know the exact hours they are paying me for. I do not trust that I will be paid correctly. And now they are ignoring my emails and refusing to give me the information. It just makes me feel like they are planning to not correctly pay me.

I think you are pestering them too much. They have answered you, but you continue to contact them.

Sounds like you are receiving advice you're not willing to take.

 

[DisneyPrince1982]

Thats what my boyfriend is telling me to do. Just hold out and wait until the 30th. I'm currently emailing them because I would like to the know the exact hours they are paying me for. I do not trust that I will be paid correctly. And now they are ignoring my emails and refusing to give me the information. It just makes me feel like they are planning to not correctly pay me.

The way for you to get the money the fastest is to get your employer to pay. If you don't get it by the 30th, then send one last email that if you aren't paid immediately (within 24 hours), you will file a complaint with the labor board and have your attorney file a lawsuit.

 

[RitaE]

A lot of companies don't anymore. Everything is centralized, and they do checks every 2 weeks, or not at all, and when there are legal reasons that they have to, like their fire someone, it costs them extra.

I process payroll for a couple of small businesses and they all have the ability to manually write a check if they wish to do so. I had one owner, the business was a freaking organizational mess and I'm kind of relieved not to have to work with them anymore, who would write a check just from the Operating funds account made out to the employee and then when a corresponding paycheck was also issued, he'd have the employee collect the payroll check and pay him back.

The larger firm that I worked did have the ability to order a special check and have it overnighted or direct deposited. And yes it did "cost extra." But extra cost is a reasonable expense when the company is at fault for not inputting payroll data correctly.

In other words:
Employee is a fault such as a botched time card or hours report or something, no extra check. It gets corrected at the next Payroll run.
Employer at Fault: Corrected as soon as possible and Company bears the extra cost.

 

[ashleybea1]

I think you are pestering them too much. They have answered you, but you continue to contact them.

Sounds like you are receiving advice you're not willing to take.

Its not that. I am taking that advice and not contacting any board or office until the 30th if I do not get paid. However I do want them to confirm how much they are paying me before hand so I know my paycheck will be accurate. I do not want to have to deal with this all over again if my paycheck on the 30th is short.

 

[Mizzoufan]

I don't think you are bothering them to much. They messed up and now they expect you to wait on them. I'd wouldn't be a happier camper either. If It was me I call would the labor board that might light a fire under them and get it done a little quicker.

 

[NHdisneylover]

Its not that. I am taking that advice and not contacting any board or office until the 30th if I do not get paid. However I do want them to confirm how much they are paying me before hand so I know my paycheck will be accurate. I do not want to have to deal with this all over again if my paycheck on the 30th is short.

Wouldn't it make more sense to just send ONE email stating that according to your records you are owed XYZ amount for hours worked plus ABC amount for unused vacation and if that does not match their records and if there is any discrepancy to contact you right away to look into it before it goes to payroll?

Honestly,saying you wanted to see the screenshot of what was being entered probably set off all kinds of alarm bells for the owner that you intend to cause some sort of issue for them and now he is wanting to make things hard. I have never heard of anyone wanting to see a screenshot of what was being entered for payroll.

 

[Scootypuffjr]

You need to check your local labor laws. In a lot of places, if your employer does not pay when they are supposed to, they have to pay you an extra percentage for every day that you are late. Find that section of the law, cut and paste it into an email, and tell them they have until the end of the business day to give you your money before you pursue everything owed to you. I worked at a major corporation and several of us transferred over from a different location at the same time. Pay day came and none of us had checks. They told us we had to wait until Monday (it was Friday). I was in college and living on my own and did not have enough to get by for the weekend. My brother was a lawyer at the time and faxed me that section of the labor law. I showed it to the payroll department and we all had handcut checks within a couple of hours.

 

[barkley]

The way for you to get the money the fastest is to get your employer to pay. If you don't get it by the 30th, then send one last email that if you aren't paid immediately (within 24 hours), you will file a complaint with the labor board and have your attorney file a lawsuit.

I wouldn't use the attorney threat-because unless it's a much larger amount of money an employer knows no one is going to hire an attorney to pursue it-and the first thing a reputable attorney will do is tell someone to file a complaint with the labor board. the labor board threat is good-and I would include in it what I knew to be the complete accounting of hours worked and vacation pay due. I would also send the e-mail with a receipt/read indicator so you have proof the employer received it.

You need to check your local labor laws. In a lot of places, if your employer does not pay when they are supposed to, they have to pay you an extra percentage for every day that you are late. Find that section of the law, cut and paste it into an email, and tell them they have until the end of the business day to give you your money before you pursue everything owed to you. I worked at a major corporation and several of us transferred over from a different location at the same time. Pay day came and none of us had checks. They told us we had to wait until Monday (it was Friday). I was in college and living on my own and did not have enough to get by for the weekend. My brother was a lawyer at the time and faxed me that section of the labor law. I showed it to the payroll department and we all had handcut checks within a couple of hours.

this is absolutely right-and in some states it's not a percentage, it's what would have been your full day's pay for every date the employer hasn't received it.


o/p-do what you feel is best for you, but a call to your state's labor board could be very beneficial-just to find out what your rights are. my concern for you will be if they finally get around to cutting you a check, if it's not for the right amount you being in such dire straights for cash may need to cash it-and if there's a notation on it that it's paying you 'in full' for all final compensation-you cashing it except in a very specific way can set you up to not having any rights to pursue that vacation time pay you're owed.

my experience with the labor board is they are very expedient-file a complaint and something clear cut like final pay gets them in contact with the former employer very quickly w/a quick resolution and potentialy more money given to you in the form of the employer's penalty-which to my way of thinking protects other employees down the line when they resign.

 

[Arielle22]

You need to check your local labor laws. In a lot of places, if your employer does not pay when they are supposed to, they have to pay you an extra percentage for every day that you are late. Find that section of the law, cut and paste it into an email, and tell them they have until the end of the business day to give you your money before you pursue everything owed to you. I worked at a major corporation and several of us transferred over from a different location at the same time. Pay day came and none of us had checks. They told us we had to wait until Monday (it was Friday). I was in college and living on my own and did not have enough to get by for the weekend. My brother was a lawyer at the time and faxed me that section of the labor law. I showed it to the payroll department and we all had handcut checks within a couple of hours.

That sounds like you were in CA. I handle payroll and have sites in 7 states. None require extra payment.

 

[barkley]

That sounds like you were in CA. I handle payroll and have sites in 7 states. None require extra payment.

in Washington State the employee is almost better off using the option of going the small claims court route if they believe their employer willfully has withheld their wages if they want any compensation for the time they've waited. in small claims an employee can go after double the amount they were unpaid/underpaid (and for those who don't feel it's fair to the employer, take into consideration that before this revision to our state law in 2006-when an employer didn't timely pay wages the penalty was a gross misdemeanor which required criminal prosecution by the county).

 

[kaytieeldr]

if it's not for the right amount you being in such dire straights for cash

I don't think she's in any kind of dire straits:

I'm just lucky the school I currently work at pays me on the same day I expected the other check or I would literally have 0$.

I think she just wants her pay.

 

[Dawnlight]

You may be entitled to an additional amount of money due to their neglecting to pay on time.

I had a situation where our security deposit wasn't returned at a place we rented. There are very strict laws pertaining to when they can withhold the deposit, the company didn't adhere to it, and if they hadn't returned my money within a certain period of time they would have had to pay me 3 times the amount of the money owed.

Look into that; you may be owed more money in addition to your pay; it's a fine to the company, but you get the benefit.

Good luck.

 

[Skywalker]

Hes reason for not paying me yesterday was that it would cost him money to run a payroll just for me. I asked that when he does my payroll to send me a picture of him inputting my information into the system so I have proof that I will be paid.

They pay biweekly So I am owed money from the 25th through the 28th of August plus 40 hours of vacation time. I should have been paid on the 15th.

You asked to be sent a picture of him putting into the computer? I'm sorry that comes off as a little "cray cray" to me. Now you are imagining they are going to short you in pay too? Based on what? Are you just accusing them out of left field here because you are angry? They are probably thinking they dodged a bullet when you took another job.

 

[tvguy]

I ran into someone who is an HR director today.
She said your are perfectly within your rights to report your employer if they violated the law.
HOWEVER.......
she said she would only advise that if you don't get on the date promised, the 30th. The reason, a future employer may run a background check and get a hit that you filed a complaint against a previous employer. She says she would be concerned that you could be eliminated from consideration just based on that information. Some potential employers are going to steer clear of employees with a history of taking legal action against an employer, and she doesn't think many would investigate further to find out whether it was a legitimate reason for the complaint.
And I assume (and I would hope) potential teachers undergo much more extensive background checks than those who do not work around children.

 

[Scootypuffjr]

That sounds like you were in CA. I handle payroll and have sites in 7 states. None require extra payment.

I was in Georgia.

 

[BLAZEY]

I really don't get why everyone is defending the ex-employer? She was due to be paid on Sept 15. They screwed that payroll up and didn't pay her then. It was their error and should make it right as soon as possible at their expense. This was for payroll period ending August 31. I know by law in my jusidiction employees must receive their due pay no later than calendar days from the end of said pay period. Upon termination or resignation that drops to 2 business days.

 

[ariel71]

I really don't get why everyone is defending the ex-employer? She was due to be paid on Sept 15. They screwed that payroll up and didn't pay her then. It was their error and should make it right as soon as possible at their expense. This was for payroll period ending August 31. I know by law in my jusidiction employees must receive their due pay no later than calendar days from the end of said pay period. Upon termination or resignation that drops to 2 business days.

For me, it's not so much "defending" the employer but knowing at what point this becomes a hill worth dying on. Do I think the employer is wrong, yes. Do I think running to a labor board within a month is her best option? No.

Double agreement with NHdisneylover - send an email outlining the hours (worked and unpaid vacation) to be paid. That way they're on notice of what is expected, and if there's a discrepancy, there's still time to resolve it before month end. If they short her, OP would then have some "proof" that the employer is not making a good-faith effort to resolve the problem.