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I'm an RN. Upon receiving my 2d paycheck it bounced within 2…

I'm an RN. Upon...

I'm an RN. Upon receiving my 2d paycheck it bounced within 2 business days.

Lawyer's Assistant: Have you discussed this wage-and-hour issue with a manager or HR? Or with a lawyer?

The company pays twice a month. Today is payday, however checks will not be available until tomorrow. Yes, I have repeatedly asked about this issue to no avail. They still have not made restitution for the 2d check, and don't know if they will have the 3rd one tomorrow. Can I demand payment and tell them I won't be returning to work until payment received. I am salary. What are my options

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

No union and yes

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Answered in 3 minutes by:
3/15/2018
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,567
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance. (The system will automatically generate a phone call request to you. Unless I specifically state, during our discussion, that a phone call is possible, I intend to just use this chat format as I am not in a position to accept a phone call).

Not showing at work can be see as a resignation, so while you can do it, it would cost you the job probably. You'd be able to get unemployment though. That's an issue for you decide, with a job that is not reliably paying.

What you can do though is file a complaint with your state's Department of Labor, called a wage claim. This is a protected activity, meaning that they can't retaliate against you for it, and it is free so there is not upfront cost to worry about.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Please DON’T rate my service until after you have asked any follow up questions that you have, so that I have the best opportunity to earn all 5 stars. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Customer reply replied 4 months ago
What about calling in sick. I can easily obtain a Doctors note. You really didn't tell me anything I didn't already know. Besides the labor board, which will take months to resolve, am I suppose to continue working for free
Customer reply replied 4 months ago
No more fees or phone call. Please answer question

I'm sorry I didn't tell you something you didn't already know. All I can do is answer the question you ask with the law. If you happen to know that, I can't really help that. Additionally, I did not ask for a phone call. The system automatically does that.

I'm drafting a response to your question now.

Ask Your Own Employment Law Question

I certainly understand that the labor board takes time. I also noted that you have to make the choice here between working somewhere that is unreliable when it comes to pay and quitting to get unemployment, which you would get.

Regrettably, there isn't anything faster than that. When you want someone to do something that they aren't doing, all you can do is ask them (which you've done) and then sue them.

The DOL is one method and it is at least better than suing is state court, because it is free and fairly fast compared to state court.

I wish there were other options for you here, but there aren't.

Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,567
Experience: Employment/Labor Law Litigation
Verified
Allen M., Esq. and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 4 months ago
thanks
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Allen M., Esq.
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Satisfied Customers: 20,567
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Experience: Employment/Labor Law Litigation

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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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