EMPLOYEE WAGE PROTECTION: WHEN EMPLOYER PROMISES DON’T COME TRUE

May 11, 2015

Christopher Anderson

If you’ve been working for an employer that hasn’t paid you, but keeps promising that they will soon, you’re in a vulnerable and stressful situation. Many employees try to stick it out, assuming they’ll get paid eventually.  Unfortunately, the likelihood that an employer who hasn’t paid you for a good while will pay you in the immediate future isn’t very high.

As difficult as it may seem, in many cases you should probably consider cutting your losses and quitting the job. This may be the last thing you want to do — after all, maybe you’ll get paid eventually, and a job is better than no job, right? Well, no, not if you’re not getting paid. It might be better to be unpaid but spending your time looking for a good job, rather than to expend your labors for someone who won’t pay you.

Meanwhile, talk to an employment attorney who can help you obtain the money you are owed. Fortunately, New York has strong laws protecting your right to get paid. If your employer owes you money, speak to an attorney immediately. It’s important to take action quickly for many reasons, but sometimes one of them is that you want to be as close to the “front of the line” as possible in terms of being awarded payment.  For example, if your former employer files for bankruptcy, it is to your advantage to have obtained a judgment before the bankruptcy filing. There are many possibilities for collecting the money owed to you; it may even be possible to sue individual executives for back wages.

Being underpaid is an injustice as well, and you can take action to get what you are owed. Not getting paid for overtime, having tips withheld, not getting paid for all hours worked: these kinds of wage cheating aren’t tolerated in New York. In fact, the attorney general has collected $17 million in unpaid wages in the past three years.

You’re working too hard to be underpaid or not paid at all. If you’re in this situation, we want to help! Please contact us today at (212) 961-7639 and let us get to work for you.