Employment Law

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If my employer was supposed to pay me on Friday and

Customer Question
If my employer was...

If my employer was supposed to pay me on Friday and "forgot," what can I do? This is not the first time.

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

He is the sole proprietor of a medical practice. I can't see an attorney until January 8th.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

I do not belong to a union. I am not an at will employee.

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

Yes. This man will not prove to me that he has workman's comp and I don't believe he has made his state tax payments. Please send me down the right path.

Submitted: 3 months ago.Category: Employment Law
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Answered in 3 minutes by:
12/26/2017
Employment Lawyer: Legal Eagle, Lawyer replied 3 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 10,249
Experience: Licensed to practice before state and federal court
Verified

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 3 months ago

I'm sorry to hear about your situation. So, if an employer does not pay an employee on time, then the employee has the right to file a wage complaint against the employer for failure to provide the paycheck at the time they have agreed to do so. This is usually required before you could bring court action. But if you have to bring court action, then then you could argue that 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 including any money you were to be paid. 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 you can download the forms right after purchasing. Click here to get started.

What other questions did you have for me today that I can help you out with:-)?

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Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 10,249
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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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