threatens termination

[Homebased]

What is the name of your state (only U.S. law)? USVI
The company I work for owes all the employees paychecks and tip money from months ago. We were told that if we ask for our money owed, then we can look for another job. What is your advice?

Adding more info. I make my money through tips...not much in wages. My tips are not covered by DOL. There is a possibility that the company will make it until our good season, where we will begin making money again. This and the fact that there are no other jobs is a reason the owner feels that he can threaten us with termination for asking for our paycheck. He knows he has us in a position. This is our off season, and combined with the economy, there are no other job openings.

 

[pattytx]

File a complaint with the federal Dept. of Labor, then if you are fired see an attorney regarding a wrongful termination case.

Why are you being told you aren't getting paid? Not that it makes any legal difference.

 

[Some Random Guy]

We were told that if we ask for our money owed, then we can look for another job

You would be foolish not to be strongly looking for a new job already. Don't work for free. Expect that your first coworker who finds another job will call the labor department and an attorney the day they start work at their new employer.

 

[commentator]

commentator

When filing for unemployment insurance, there are a few time honored "good job related reasons to quit a job." Not getting paid is one of the most excellent reasons!

Call the wage and hour division of the labor department yourself. You have already lost your job, you're just still working. If you are working, but not getting paid, you are doing volunteer work. If these jerks also threaten you, in addition not to to paying you, my question is, what are still you doing there?

There are other jobs. There is also unemployment insurance when you lose (or have to quit) a job through no fault of your own until you find another job.

When/If you quit this job, you should immediately file for unemployment benefits. If they are not paying their employees, they also may not be paying their unemployment taxes. This will not keep you from drawing benefits, but it will get them in more trouble with state government. You cannot be one of those wonderful, much touted "small business owners" if you do not make arrangements to pay your employees for their work and pay the legitimate business expenses required.

 

[Homebased]

Threatens Termination but....

What is the name of your state (only U.S. law)? USVI
This company I work for owes all the employees paychecks and tip money from months ago. We were told that if we ask for our money owed, then we can look for another job. What is your advice?

Here's more info. We live on a small island and there are not other jobs. This company owns 3 different workplaces, all of which are not paying. Here is the other kicker. Most employees, in addition to paychecks ( covered by Labor) are owed thousands each person in TIP MONEY ( which is NOT covered by Labor). The company has no money to pay us, because they are behind in paying their bills. Our tip and wages are floating this company.

 

[Beth3]

So how long can you afford to work for free? And how long are you willing to let your hard work keep the business afloat with, quite likely, no hopes of ever being paid? You need to decide what the answers to those to questions are and then figure out what you want to do about it.

 

[eerelations]

Your choice seems to be either working for someone else and getting no money, or staying home and getting no money. If it were me, I'd stay home - at least then I'd have time to read a book, watch TV, take a nap, and discuss my situation with the DOL.

 

[commentator]

commentator

USVI has unemployment insurance, too.