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JB Umphrey
JB Umphrey, Lawyer
Category: Employment Law
Satisfied Customers: 20233
Experience:  Assisting employees and employers for over 14 years.
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my company charges the client per diem for me but wont pay

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my company charges the client per diem for me but wont pay it to me is that leagle
Welcome and thank you for your question!

I am sorry to learn of the facts you've described. Do you have a written contract with your employer that requires them to pay you per diem?
Customer: replied 3 years ago.

not sure about written for sure verbal we work in oil refinerys all over u.s. they charge 150 a day but only giving us a small part of it

Thank you. Do you belong to a union?
Customer: replied 3 years ago.


Thank you. What you've described seems to be unfair and unjust and, perhaps, slimy. However, the employer is not breaking any laws. If you had a written contract that required them to pay you the per diem, then you'd have a right to it and could sue them for breach if they didn't do it.

However, if there's no written contract in place, they have no legal obligation to give the per diem to you.

They are committing a fraud on the client but that does not give you any legal rights.

I know that this is not what you wanted to hear but you deserve a candid answer. I wish very much that I could offer you an answer that was more favorable to your circumstances, but the law seems to be pretty clear. Had I been able to provide an Answer which might have given you a successful outcome, it would have been my pleasure to do so.

I hope you understand.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. Thank you for your business!

~~ J.B.
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