How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Barrister Your Own Question

Barrister
Barrister, Lawyer
Category: Employment Law
Satisfied Customers: 22984
Experience:  14 years practicing attorney
19958803
Type Your Employment Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

I am a contract sales person for a window company. they are

Resolved Question:

I am a contract sales person for a window company. they are not paying me on time and are now holding money from a completed job. their reason is that there was a problem on the job. the problem was not a fault of mine and has been corrected. the job has been paid in full. they will not acknowledge this. what is my best course of action. is this fraud any any other type of criminal act.
Submitted: 9 months ago.
Category: Employment Law
Expert:  Barrister replied 9 months ago.
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
.
what is my best course of action. is this fraud any any other type of criminal act.

.

This wouldn't be a criminal action because they haven't actually defrauded or stolen anything from you. They have apparently refused to honor your employment contract with them so that would make this a civil breach of contract case.

.

With that said, you have a couple options. You can contact the employer and tell them that unless your wages are paid immediately, you will file a "wage and hour" complaint with the US Dept of Labor Wage and Hour Division (GA doesnt' handle their own) and they can take it up with the DOL and explain why they are unlawfully withholding your wages. That should "encourage" them to go ahead and pay you for any improperly withheld wages.

.

The other option would be to file a small claims action against them for breach of contract. When you agreed with the employer to perform work and they will pay you, that is a binding legal contract. You performed under the contract, they breached. So you would have a cause of action to sue for your wages and other damages.

.

But I would try the threat of a DOL complaint first because most companies don't want the DOL to crawl all over them and inspect their business practices..

.

.

Thanks

Barrister

Barrister, Lawyer
Category: Employment Law
Satisfied Customers: 22984
Experience: 14 years practicing attorney
Barrister and 10 other Employment Law Specialists are ready to help you
Customer: replied 9 months ago.
thank you much. very good advice. I hope that the threat of the DOL will work. will try it tomorrow.
Expert:  Barrister replied 9 months ago.
You are very welcome. Glad to help. When you start dropping buzzwords like "wage and hour complaint" and "Dept of Labor" that usually gets their attention because they know that you have probably communicated with an attorney.
.
.
Thanks
Barrister

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
< Last | Next >
  • I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care. Mildred Washington, DC
  • Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you Happy Customer Denver, CO
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    7759
    JD, BBA, recognized by ABA for excellence.
  • http://ww2.justanswer.com/uploads/marshadjd/2009-6-1_194320_marshajd.jpg Marsha411JD's Avatar

    Marsha411JD

    Lawyer

    Satisfied Customers:

    10539
    Licensed Attorney with 27 yrs. exp in Employment Law
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Lawyer

    Satisfied Customers:

    9785
    Licensed attorney helping employers and employees.
  • http://ww2.justanswer.com/uploads/JA/jaccorpsesq/2011-11-13_21141_JAnewphoto.64x64.jpg Allen M., Esq.'s Avatar

    Allen M., Esq.

    Employment Lawyer

    Satisfied Customers:

    9429
    Employment/Labor Law Litigation
  • http://ww2.justanswer.com/uploads/MI/MILawyer/2011-2-28_0311_JBUprofile.64x64.jpg JB Umphrey's Avatar

    JB Umphrey

    Lawyer

    Satisfied Customers:

    6273
    Assisting employees and employers for over 14 years.
  • http://ww2.justanswer.com/uploads/TU/TUSA/2012-6-6_55219_test.64x64.png Thoreau (T-USA)'s Avatar

    Thoreau (T-USA)

    Lawyer

    Satisfied Customers:

    2469
    Attorney
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    2214
    I provide employment and discrimination law advice in my own practice.