Probably wrong area but, my husband's previous employer did not pay us...

[Jubilee]

Does anyone know how, specifically, I can go about retrieving this money. (Division of labor? Small claims? Wait til they file bankruptcy?)

This has now happened at TWO different places, totalling about $1900. Maybe that's not a lot of money to some people, but it's a chunk to us and right now, it's everything. I'm so depressed.

 

[mistysue]

Does anyone know how, specifically, I can go about retrieving this money. (Division of labor? Small claims? Wait til they file bankruptcy?)

This has now happened at TWO different places, totalling about $1900. Maybe that's not a lot of money to some people, but it's a chunk to us and right now, it's everything. I'm so depressed.

Not sure how you are supposed to "officially" handle this- but one employee we had told unemployment that he quit because we hadn't paid him and they came in and did this dramatic review of everything. It was a nightmare. We had actually paid him, he was just mad because he was out of benefits and was fighting to do whatever he could to get money from somewhere. It was a HUGE headache and we didn't even have anything to get into trouble for.

So you could try telling unemployment and if nothing else they will tell you the correct people to contact.

 

[MineMail]

Don't wait for bankruptcy. Send the company a registered letter (request a return receipt as well) that specifies the employment dates and estimated monies owed. Be sure to include your current mailing address and emphasize that the payment's overdue. Give a deadline for response/payment and include contact information (email, phone, etc.)

If you don't hear from them by the deadline, inquire at the state employment division about their intervention. They'll usually review the company records. If they can't help you, they'll advise you to file a small claims court suit right away against each of the companies.

Your husband has to handle this if he was the employee. You cannot act as his surrogate.

Good luck.

 

[Jubilee]

Thanks for your advice all. I will update

 

[LuvSulley]

I'm not sure if it works the same in all states but I filed a wage claim with the department of labor when it happened to me. Maybe that's something you can look into?

 

[herdtoDisney]

Does anyone know how, specifically, I can go about retrieving this money. (Division of labor? Small claims? Wait til they file bankruptcy?)

This has now happened at TWO different places, totalling about $1900. Maybe that's not a lot of money to some people, but it's a chunk to us and right now, it's everything. I'm so depressed.

Is the company going/gone out of business? I would call your state Attorney General's office. In my state, there is a 'sundown' law that says companies ceasing business have to pay the employees by sundown of the last day of business. Yes, sundown I worked for a company once that was being bought out and dissolved-they had to cut us paychecks that night, before re-opening the next morning under the new owners.

I'd call and let them know what is happening and see if they can help or offer resources.

 

[smokeyblue]

I had an employer fail to send me the payout for my left over time off benefits. Michigan has a wage and hour division that takes care of things like this. I just called and said I am owed $X for my benefit time. I expect a check to be in my mailbox in a weeks time or I will contact wage and hour. I got my check within 3 days.

In retrospect, I wish I'd just called wage and hour. This company gave me a giant headache about unemployment. They said I quit even though I had a signed letter saying I was being laid off. You wouldn't believe the paperwork I had to fill out. I really should have done whatever I could to make their life a nightmare because they sure did whatever they could to make mine. It's just really sad that people and companies can be so ruthless.

 

[twinsplusone]

DH was laid off last August and his employer didn't pay him for extra days owed. He emailed, called, and nothing. Finally, after about no response for a week, I called (it's a small company) and spoke to the HR girl and told her to pass it on to the boss/owner that if dh didn't receive his check in 3 days we were going to file a complaint with the Dept of Labor and a discrimination claim since they paid other people for the same thing. They knew they were wrong because dh got the check in 3 days.

Don't let it go, contact them with a deadline and then follow through with filing a complaint with the Dept of Labor. I agree that it a huge headache for companines to be "flagged" with complaints.

Good Luck

 

[Janet Hill]

This is definately a Department of Labor issue. You call and they will open up their investigation to establish that the money is owed and how much and then the company will be given a date to pay by or further action will be taken. The company will also have to pay interest from the date the payment was due until the payment is paid.

 

[laurafergie]

Registered Letter with Return Receipt, Deadline and then Dept of Labor - absolutely. Usually the threat of this or the mention of a lawyer over the phone (Did this with DD) will do the trick.

However, I am going to throw a hammer in the mix and ask if your DH is a subcontractor? If so, all you can do is put a lien the property involved. Or get in line when the company files bankruptcy. Or sue and get a judgment and that never gets paid either. I could write a book and go stay Disney Deluxe on the dollar amount a few folks that s***d us.