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Wage & Salary Issues Minimum wage laws, vacation pay, overtime, etc.



               


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  #1  
Old 11-17-2008, 12:52 PM
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Join Date: Nov 2008
Posts: 4

Constantly Late Paychecks


What is the name of your state (only U.S. law)? Florida

I have been employed with this compnay for close to a year now (11 months), and during this time, my paycheck has been late days past payday a total of 13 times now. Sometimes it is by just a day. Others by a complete work week.

Talking to this guy doesn't do anything. He has given explicit instructions to the check issuer to not release any paychecks until explicitly told to do so. And every time the checks are late, we get "Sorry, I forgot" coupled with "It won't happen again", or some equally unsatisfying answers.

Today is late paycheck #14. When I called the boss (out of town) on it he hung up on me, like he was too busy to talk.

Up to this point, I have been reluctant to act on any of this. I am pretty sure this is a big no-no, but recourse is actually there? I'd imagine he'd get fined and I'd be out of a job if I complained about it. What are the legal avenues to stop this? And is there a benefit for me to even go down such a road?

Thanks
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  #2  
Old 11-17-2008, 01:37 PM
cbg cbg is offline
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Location: Massachusetts
Posts: 21,162
If you were in just about any other state I'd tell you to file a complaint with your state DOL - however, Florida did away with their state DOL a few years back.

When you ask if there is a benefit to you to pursue this, what do you mean? Are you looking simply for him to pay you on time, or are you looking for some form of "damages" to be paid to you?

It makes a difference what I suggest you do next. Note that there is no guarantee of receiving any form of damages no matter what route you take.
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  #3  
Old 11-17-2008, 01:49 PM
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Honestly, I just want to be paid on time. But the reality of the matter is, he is playing money games, and it is starting to hurt me, and even though he is aware of what is going on, he isn't going to change his behavior voluntarily... it seems almost deliberate at this point. That is mere speculation, so I go on the record as saying he is at least very irresponsible with the situation, because it doesn't affect him.

Now, if I complain to some legal authority, I have no doubt that I will get the "This isn't working out" bit. So if I don't want to just bend over and take it, then I have to be willing to lose my job. If I am going to lose my job, I want my time and trouble compensated for.

My fear, however, is that there just isn't enough legal recourse for me to come out sufficiently on the other end. I suppose the most direct question is, what rights/protection do I have working for me if I choose to persue this, and what is the likelihood that I can recoup wages lost for pursuing it?

Thanks.
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  #4  
Old 01-05-2009, 02:04 PM
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Join Date: Nov 2008
Posts: 4
I hate to bump this, but the situation is only getting worse. I am looking for alternate employment, but this situation needs resolution.

We have not gotten paid on the Jan 1st. Today, the mail came and they aren't in there. The boss is making sure he says nothing definitive as to when they will get here. Providing we aren't flat out getting shafted, as the situation sits, the earliest I will get paid is Jan 7th (direct deposit employees have a "Pending" Status on their bank account for payment the day before physical checks come in... which isn't the case today). That is almost a week late. I have rent to pay and a stack of other bills. I flat out can't expect my creditors to buy the excuse "I haven't got paid yet!"

There HAS to be something I could do. Else this could easily be a way for an unscrupulous employer to get their employees to quit so they get screwed out of an unemployment claim.
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  #5  
Old 01-07-2009, 10:27 AM
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Join Date: Nov 2008
Posts: 4
I think I need to talk to a lawyer who has experience in this field. This board just isn't cutting it. Can anyone recommend someone?
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