Can my employer delay or stop my salary payments?

UPDATED: Oct 2, 2022

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Can my employer delay or stop my salary payments?

My employer started delaying our bi-weekly payments this summer. At first she was apologetic and said she simply forgot. However, the last time after we sent her a reminder in anticipation, she claimed that due to lower sales of our services (we sell educational courses), she had to pay us out of her pocket. Therefore, the salary is going to be 3 days late again and next time, if we don’t have enough sales, she can’t do this anymore. I am not sure how to go about this. I work hard and knowing that I might not get paid at all is discouraging and demotivating. I have a small baby and cant afford to work for free. I also see that it’s against federal law to even delay payments, never mind completely missing them.

Asked on September 29, 2019 under Employment Labor Law, Michigan


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you are not paid, you can sue your employer for breach of contract / account stated.
Your damages (monetary compensation you are seeking in your lawsuit) would be the amount you are owed.
Depending on the amount you are owed, you may be able to file your lawsuit in small claims court. Upon prevailing in the case, you can recover court costs which include the court filing fee and process server fee. There are no attorneys in small claims court. You represent yourself.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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