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My employer keeps making excuses as to why payroll is

Customer Question
My employer keeps making...

My employer keeps making excuses as to why payroll is delayed. I was payed for last payroll, but still havent been paid for payroll before that. It’s been a month since that check should have been written and I keep hearing excuses as to why I haven’t received it yet. I am a therapist and have decided to no longer see my clients until I am paid. What Can I do legally?

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

Georgia

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

Contract full time

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

I don’t think So.

Submitted: 7 months ago.Category: Employment Law
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Answered in 5 minutes by:
11/29/2017
Employment Lawyer: Law Educator, Esq., Attorney replied 7 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 125,929
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

The failure to pay wages when due is a violation of the GA Wage Act and the Fair Labor Standards Act. You can file a wage claim with the US Department of Labor Wage and Hour Division for their investigation and you can seek up to three times the wages due as liquidated damages for non-payment as well as your attorney's fees. So you need to pursue your wage claim against the employer as they have no legal grounds to now be withholding wages.

You should not be refusing to see clients, as that could be deemed patient abandonment. The US Department of Labor will force them to pay off your wages plus the liquidated damages or you can sue them in court to recover those.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 7 months ago
Would I be able to do it anonymously?
Employment Lawyer: Law Educator, Esq., Attorney replied 7 months ago

Thank you for your reply.

No, you cannot do it anonymously. If the employer retaliates for you complaining about wages, that is a separate cause of action against the employer independent of the failure to pay wages and grounds to collect additional damages against the employer.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

Ask Your Own Employment Law Question
Customer reply replied 7 months ago
Let’s say they decide to pay me tomorrow. Could I still file a complaint because it was not on time?
Employment Lawyer: Law Educator, Esq., Attorney replied 7 months ago

Thank you for your reply.

You can make a complaint that they were habitually late making payroll and the Department of Labor will sanction them for that as well.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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