Am I eligible for backpay if I started working before new hire paperwork was given to me?

UPDATED: Oct 1, 2022

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Am I eligible for backpay if I started working before new hire paperwork was given to me?

I worked for company A that had my job duties taken over by company B. I maintained my job with no break in employment or hours. I was not given the paperwork to be hired in as an employee of Company B until a few weeks later. After I turned in the paperwork, Company B still hadn’t entered in my paperwork. Am I entitled to back pay in this scenario?

Asked on March 27, 2018 under Employment Labor Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You must be paid for all work you did: that is the law (e.g. the Fair Labor Standards Act). Whomever you were employed by at the time you did the work (i.e. either company A or company B) must pay you your backpay. If they do not, you could file a complaint with the department of labor and/or sue (e.g. in small claims court) for the money.

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