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John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5305
Experience:  Exclusively practice labor and employment law.
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I am employed as a chiropractor in a small office in GA for

Customer Question

I am employed as a chiropractor in a small office in GA for 10+ yrs. The last 6 mos the company has been having financial/cash flow problems and I have been delayed pay and given partial paychecks. They have caught up until 1 mo. ago. As of July 10, 2015, I am 2 bimonthly paychecks behind (minus one partial check of 30% of one paycheck). I spoke with the owners on 7/10 and they said they hoped to get caught up by end of July but there would need to be some major restructuring in order to fix the problem. Should I continue to work with only the promise of pay? What are my rights? Can they fire me and replace me with another chiropractor for less salary without reason?
Submitted: 1 year ago.
Category: Employment Law
Expert:  John replied 1 year ago.
Hi, thanks for submitting your question today. My name is John. I have over 13 years of legal and consulting experience in this area. I’m happy to assist you with your question today
When you are an employee, regardless of your pay or whether it is in line with market, you are selling your labor (basically at a discount) to the employer who then marks it up for sale. In my mind there is never an excuse for the employee not to get paid because that is the inherit deal between employer and employee - i.e. employee gets paid less than retail for the certainty of a paycheck. When they are missing paychecks that violates that whole deal. Yet I have clients that come to me not having been paid for months.
You are in an unfortunate situation because your state does not have a specific law that penalizes employers for missed pays. But, you could file a federal claim as they violated federal law and/or you could sue in civil court for breach of contract. Of course after you do this the employment relationship will be soured. I'd consider as such, that you should look for new employment now. Once you find new employment, file a federal charge or sue them in civil court. The federal charge will cost you nothing, so that may be the route you want to go (see this website http://www.dol.gov/wecanhelp/howtofilecomplaint.htm. They very well may be considering to terminate you and it would be legal yes.
I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers. Thank you, ***** ***** wish you all the best with this matter.
Expert:  John replied 1 year ago.
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