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Is it illegal for my employer to NOT pay the employees on scheduled pay day?

I work for a small business and it seems they have run out of money. Today is pay day and we are told we MAY get paid next week. What can I do?! Can I tell my employer that I will not return to work (next week) until I am paid for my work already completed?

Update:

I understand that it is important to be patient about this situation, it is just that this is not the first instance this has happened. It is hard to be patient with the owner when he goes on vacation several times a month.

Update 2:

Haha. I asked my boss yesterday about checks because the controller is out of town and I usually distribute the checks to the employees. He told me that he has them and will be bringing them in (today). Then today, when I asked about them, I was told that we MAY be getting paid next week.

Unfortunately, MY creditors are not as patient as I am.

5 Answers

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  • HRmom
    Lv 5
    1 decade ago
    Favorite Answer

    Donna has some very good input for you to consider. It is wise to be patient. I will, however, tell you that regardless of money troubles, it is illegal for the company not to pay you on time for work performed. They can be held responsible for fines and penalties for every day they go without paying you. You can call the Labor Board for your state and talk with them. They won't do anything until you actually file a claim, but at least you can get some input from them. Patience is one thing, but continuing to work for FREE is another completely. If your employer hadn't already come to their employees to discuss their hardships, it hardly seems like they are operating on the "up and up". They are just hoping you will wait it out and they can "maybe" pay you next week. Try to talk to them about this. See what they have to say. In my opinion, however, if they were interested in the fairness and worried about their employees, they would have held a meeting to discuss what was going on BEFORE pay day.

    The more I think about this, the more I'm convinced that you should go to the Labor Board.

    Source(s): HR Specialist - 10 years
  • 1 decade ago

    My last job was like that, which is why I am unemployed today. They did not have the money, they just did not pay, some weren't paid for almost a month. They started demanding money out of the till. I left and my last check bounced 3 times, took 6 weeks before I got my money. Now about illegal, I don't know, but I called the labor board and they said they could take my case and try to get my money, but if that didn't work I could take them to small claims court. WTH? You should not have to take an employer to court to get the money you already earned. That is just crazy.

  • Anonymous
    1 decade ago

    I think now is the time to do two things.

    First, check with your local government agency about the laws in your area regarding when/how payment is due.

    Secondly, be patient. Go talk with the owners and let them know that you understand but that you have bills to pay as well. Let them know what you absolutely need and what you can wait for. Tell them that you want to work with them through this rough time but need help.

    I was in this situation one time. I was patient, others weren't and when things got better I got a big bonus as a thank you and others didn't get anything.

    You can also let them know that while you want to support them you will be needing to look for other work. Put this in writing and have them sign it. That way when you need to leave without notice it'll work out fine. Remember, they are trying to make a living too. Talk with them.

  • 5 years ago

    Is the pay day the 1st and the 15th or is the end of the pay period the 1st and the 15th? Typically a company that has those pay dates are stopping the pay period on those days and then handing out the checks 3 to 4 days later.

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  • 1 decade ago

    You can but he may file bankruptcy. It probably is illegal for your employer to not pay but anybody could run out of money.

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