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My husband was hired on a contract job by a personnel

Customer Question
My husband was hired...

My husband was hired on a contract job by a personnel agency. He has worked almost a month now, and they have not paid him yet. A check on Nov 1 and 15th never appeared? They say there is a glitch with ADP. Is this legal??

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

Atlanta, GA

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

Full time for a year, minimum may go to direct hire at any time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I can't think of anything

Submitted: 8 months ago.Category: Employment Law
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11/16/2017
Employment Lawyer: Legal Eagle, Lawyer replied 8 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 13,403
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Employment Lawyer: Legal Eagle, Lawyer replied 8 months ago

Thanks very much for your patience. The answer to your question is no. This is not legal. He may sue for breach of contract or he may file a wage complaint with the state of GA.

This appears to be a breach of contract based on the failure to perform within a reasonable time in the very least in part because they have failed to pay, even if there is a glitch. 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. 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. 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. This website is also pretty cool because they have some state-specific breach of contract forms that you can use as well. Click here to choose your state started.

What other questions did you have for me?

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