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Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 5206
Experience:  Licensed to practice before state and federal court
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Employer refuses to pay wages tha7t where due fri, Ohio,

Customer Question

Employer refuses to pay wages tha7t where due fri
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Ohio
JA: Is the employment agreement "at will," union, full time or part time?
Customer: This is the second time
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 1 month ago.
Category: Employment Law
Expert:  Legal Eagle replied 1 month ago.

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today.

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. What specific questions did you have? I have an idea about your situation, but I don’t want to make any assumptions. Additionally, Most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

Customer: replied 1 month ago.
Company is unique services and logistics owned by Wanda Curry-Shepard , I have a few legal issues with her and her company but the most urgent is her failure to pay me again this past fri ( along with several others )
Expert:  Legal Eagle replied 1 month ago.

I certainly understand. This appears to be a classic breach of contract. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. In your case, in addition to the $ that they owe you, they should be paying you for any late fees or bounced checks that accrued as a result. 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. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court.

One other thing you will want to consider is filing a wage hour complaint with your state department of labor.

If you click here and fill out this form, you could complain directly to the state about your issues.

Customer: replied 1 month ago.
This is a copy of agreement
Expert:  Legal Eagle replied 1 month ago.

I see what you mean. If they have not paid you, they should be paying you. Now, because you're an independent contractor, you may not be able to file a wage claim with the OH Dept. of Labor. However, this doesn't mean that you couldn't go to small claims court as a result of them not paying you what they agreed to pay.

Customer: replied 1 month ago.
I also have over a hundred hours worked a 2 week period .Am I entitled to overtime?
Expert:  Legal Eagle replied 1 month ago.

If you are an independent contractor, no. You'll just be entitled to the pay consistent with your agreement.