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Barrister
Barrister, Lawyer
Category: Employment Law
Satisfied Customers: 37380
Experience:  16 years practicing attorney
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I am a contract sales person for a window company. they are

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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.
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.
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what is my best course of action. is this fraud any any other type of criminal act.

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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.

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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.

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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.

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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..

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Thanks

Barrister

Barrister and 4 other Employment Law Specialists are ready to help you
Customer: replied 3 years ago.
thank you much. very good advice. I hope that the threat of the DOL will work. will try it tomorrow.
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.
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Thanks
Barrister

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