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I work from my home for an insurance agency located in NY. I…

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I work from my...

I work from my Virginia home for an insurance agency located in NY. I started 2/20/17 but have not received paycheck for 17 weeks. I am owed approx. 15k of back wages and also commission for accounts I brought with me to the agency totaling around $5k. I do not think employer reported my earnings at all but he tells me he filed state taxes in NY instead of VA. I need to know what my rights are and how to proceed to get what is owed to me. I can be reached at(###) ###-####

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

I work from my Virginia home for an insurance agency located in NY

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will full time

Submitted: 10 months ago.Category: Business Law
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Answered in 38 minutes by:
9/21/2017
Business Lawyer: Legal Eagle, Lawyer replied 10 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Business Law
Satisfied Customers: 14,125
Experience: Licensed to practice before state and federal court
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Business Lawyer: Legal Eagle, Lawyer replied 10 months ago

I'm sorry to hear about your situation. You may want to consider filing a wage claim with the state of New York. the Department of Labor is usually going to be the first stop in handling a situation like this. This department is responsible for investigating Employers in the state of New York that may be engaging in any kind of wage theft and they have the authority to order the employer to pay the money that you are owed. you may also have a separate right to sue for breach of contract since they have not paid you. The reason is because this appears to be a breach of contract based on the failure to perform within a reasonable time. Courts regularly look toward the Uniform Commercial Code as their guide, since many states have adopted this code into their own statutes. Under UCC Section 2-309(1), the law says that each party has a reasonable time to perform if it is not expressly stated in the contract. What is considered “reasonable” is a matter of fact and depends on the circumstances, but it is an argument that you would have to make that it is unreasonable. Regardless, there is a legal basis for your particular claim. To facilitate your situation, there’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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