Where do I stand legally if an employer won't pay me ? It was part time job. Is there any reason they can not pay you? I've been told by nearly everyone that I have to be paid, but it's not legal advise. I worked 16 hours standing on my feet in one spot, did exactly what I was told to do and the supervisor said I did a gr8 job. Except I couldn't work the following day as I suffered a migraine attack. For some reason my legs cramp up at the same time to so I could barely stand and I only slept four hours. I was sacked on the spot and was told I would not be paid to my shift. I then had to take Monday off from my full time job as the migraine was so bad. Help.
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Seek legal advice from the CAB or Industrial Solicitors. As you do not specify what the job was it is a bit harder to give you more precise advice.
You are entitled to be paid for the work you have done. Write a letter to the employer stating the amount that you feel that you are owed (send it recorded delivery).
State in the letter that if the amount owed is not paid within 10 days of the date of the letter that you will commence legal proceedings in the small claims section of the county court. Explain that in this eventuality any additional expense incurred by you will be added to the claim. (The Citizens' Advice Bureau can offer assistance with this letter.)
The other option, as Stormydays says, is to take the case to an Employment Tribunal. I'd be tempted to go down the small claims court route though.
If in the U.S. go to the wage and hour board for your state. They probably have a presence on line as well. They have to pay you for hours worked regardless. If they gave you an advance or you didn't return a co. uniform they can deduct that but otherwise they have to pay.
If they did that to you they'd do it to others as long as they can get by with it. When it happened to me I ended up getting twice as much as I expected because my complaint gave them the right in go into the files. There they discovered there were several others things they were doing illegally. It's also fraud against the government. You might even have more rights because of it being medical and the americans with disability act.
Wage and hour board investigations don't cost you anything. Plus if they prove wrong doing you have even better grounds for a lawsuit.
You have a legal right to be paid for the work you done.
It is unlawful for the employer to refuse and is known as an unlawful deduction from wages in the UK
You should write to him and give him seven days to pay. If he does not pay you you have three months from the date of being sacked to issue an ET1 to an employment tribunial.
If it is after 3 months you should issue hime with a small claims court
If you are in the US, and the employer was subject to federal law (most are), then the employer is required by the Fair Labor Standards Act (FLSA) to pay you at least the federal minimum wage for all time that you actually worked. Call the US Department of Labor's Wage and Hour Division, as they enforce the FLSA. Their number is toll-free, 1-866-4US-WAGE. You can also go on-line to www.dol.gov, and look up not only federal regulations but your specific state's labor laws, as well.
Hope this helps.
Did you have any kind of contract with them?
How about a sign on for your shift?
Without them I'm afraid your employer could just deny all knowledge of you.
With them - you at least have something to go on.
Take any documentation you have to the Citizen's Advice Bureau - they can help you find a lawyer
(Oops - sorry - assuming you are in UK as this is the UK & Ireland site - no idea what the case is elsewhere)
Are you in the UK? I had a similar situation a few years back and went to the Citizen's Advice Bureau. They assured me that legally, your employer absolutely HAS to pay you for the work you've done. Even if there's no contract involved. You're in the right, good luck.
bro,dad boyfriend, little stormtroopers who like to bully girls sing a different tune when any of these 3 turn up. send them to the shop/place of employment i'm sure they'll get your wages for you.
so many things to say to you but, yes they have to pay you.
many employers try this one & they are breaking the law.
your best bet is to look around this government site & contact your nearest citizen advice beuro.
http://direct.gov.uk/en/Employment/Employees/Pay/D...
http://direct.gov.uk/en/Employment/Employees/index...
good luck
i'm no expert but would advise you to seek advice to the citizens advice people you can ring them or visit them i think they have to pay you what you are owed!!!