Possible legal emergency help?

Sleezy employer asked the managment in this mornings meeting to forego this weeks paycheck because they supposedly are having a hard time coming up with all of payroll this week 5 day's before christmas and the week that i'm suppose to go out of town for my weeks paid vacation that I schedualed months ago.
I have no intentions of letting them keep hold on to this weeks paycheck for a few reasons.
1. I cannot NOT have it this weeks check, I've specifically set it up so this paycheck goes to my vacation. If I don't get it I can't go tonight.
2. I'm not letting them set a president in keeping my money when they have money management problems.

So what legal recourse do I have if they don't give it to me or if it bounces? Of course as soon as I get it in my hot little hand its going to get cashed, but what about next weeks paycheck what if I don't get my vacation check?Someone please advise on what can be done for protection till I locate a new employer?
What options do I have?

misspriss070807

If it was me I would tell them to either give you your money or that you are leaving to get a lawyer. You do have rights! You work for that money.

Judy

You are entitled to your paycheck. Their money problems are THEIR problem, not yours, If you don't get it you can contact your state labor board.

That said, if they don't have it they don't have it - they could be heading for bankrupcy, in which case employees would have a higher level claim than regular vendors, but you still might not get your money for quite awhile if ever.

Good luck.

az_starshine1

EEOC is a good source of job-related problems. Including this. Also, find your local labor department and speak with them. They will tell you what can and cannot be done (as I think it varies from state to state).

rwa000

they know what they are doing, nobody will be available to help, EEOC,Attorneys, etc, by the time you get any body to listen you will have been paid and there will be no case

Call the labor board and report that you are not being paid. There are laws regarding when payment is due any employee.

CatLaw

The Department of Labor www.dol.gov have federal rules that control in the issue of being paid. While that is the place you need to file a complaint with, there is usually nothing that can immediately help you. In employment law we cannot go in on emergency motions or order - as in criminal law.

Contact a local employment attorney who may be able to make some suggestions.

redgator40

they are NEVER allowed to withhold b/c of their financial problems. i would get my resume together ASAP and contact the labor board. i would contact an employment attorney.

Expert Realtor

They have to pay you, period.

It doesn't matter if they are having financial problems, but as soon as you come back you need to start looking for a job, because once things are so bad that they can't pay their employees, closing the front doors is not too far behind.

I would set up a private meeting with your boss and let everyone else, worry about themselves.

Tell him you need and expect to get paid...ON TIME.

If you don't get the paycheck within 24 hours of when it's due, you can file a complaint with the department of labor, wage and hour division.

Nautilus

It is your legal right to receive your paycheck unless in the contract you signed to get the job mentions anything about the companies right to forego payment for any reason. Then you are kinda up a tree with now where to fall. If not, the money is yours and must be payed according to contract. If they refuse, mention that you are going to get a lawyer to help obtain funds owed to you. That should be enough to scare them into giving you your money. If not, actually get a lawyer. On that will not charge you until you win and also make sure when and if you go to court that the company will pay for any court costs, which they should. Your lawyer will be able to help you with that. If you don't want the legal stuff, write a letter and have your fellow workers all sign it and threaten to send it to the headquarters and file a full complaint. That will also scare them to pay you. About companies, they always want money. If you threaten anything that will cost them money they will do most anything to keep you quite and get you away, including fire you so have another job ready. You should get your money though. They sometimes do these things to line their pockets as well. Like you mentioned, it is the holidays and they need money too. Those rats! Well, I hope this helps. Take care and happy holidays.

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