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My husband was hired on a contract job by a personnel

Customer Question
agency. He has worked...
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??
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Atlanta, GA
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Full time for a year, minimum may go to direct hire at any time
JA: Anything else you want the lawyer to know before I connect you?
Customer: I can't think of anything
Submitted: 29 days ago.Category: Employment Law
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11/16/2017
Employment Lawyer: Legal Eagle, Lawyer replied 29 days ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 6,517
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 29 days 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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