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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 110565
Experience:  20+ Years of Employment Law Experience
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my question my friend worked in a restaurant for about 2 months,

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my question
my friend worked in a restaurant for about 2 months, he was not paid for this period. he suppose to be paid every 2 weeks, now the place is closed, how he can get his money ( salary ) , the man that hired him does not want to pay him because he say that he does not have money and after my friend said the he will talk to the department of labor and the guy that needs to pay said that he does not care about this because he does not even work here and the place does not even exist on the papers. so he was employng people for more that 2 months and not paying them and after they quit he was talking to them in different ways so they just shut up and keep in silence. should my friend go to police and report this abuse ? my friend is on a tourist visa here and he was working like for 2 months so is there any chance so he can get his money that he worked for or he just need to go to police and report this guy for using him and taking the money illigal. thanks. if u give me a very good answer u will get a very good feedback!
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Your friend is right the department of labor will pursue the business for payment of wages as it is against FL law and federal law to not pay wages when due. Your friend can file a complaint with the department of labor for a wage claim or your friend can also file suit himself in small claims court against the owner.

If your friend was working in the US without a proper work visa, while he would be able to still sue and recover his money or make a complaint with the department of labor to recover his money, this would be reported to immigration as well and your friend could be denied entry back into the US for up to 10 years, so you need to have him consider this if he was not working here legally with a valid work visa. If he had a valid work visa, not just a tourist visa, then he needs to file his complaint with the department of labor and they will assist in pursuing his claim against the employer.

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