Can my employer refuse to pay me if the only record of my hours was kept by me?

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Can my employer refuse to pay me if the only record of my hours was kept by me?

My employer agreed to pay me what he owed for my hours once the store opened and he started making profit. I agreed because i knew he was out of money and believed he would be making lots once open for business. from April 1st to June 10th he owed me a total of $1572. He disagrees on that amount and feels it should be less only after a disagreement over advertising. The only record of my hours was kept by me and the surveillance cameras proving my attendance on the days I recorded. Can I make a labor complaint if it was only a verbal contract?

Asked on June 26, 2011 under Employment Labor Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, an oral or verbal contract, including an oral or verbal agreement relating to employment, is enforceable. The issue can be proving it, if it comes down to your word vs. someone else's; however, that is a practical difficulty, not a legal issue. Under the law, 1) an oral or verbal contract is enforceable; 2) an hourly worker must be paid for all hours worked; 3) employers may not get out of their obligation to pay simply not keeping time or payroll records. Therefore, from what you write, it would appear that you do have enough to file a wage and hour complaint with the department of labor, or alternately, to consult with a private attorney of your own about filing a lawsuit. Good luck.

 


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