What to do if my employer refused to pay me?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my employer refused to pay me?
I am a freelancer and I went on a business trip with my client for which he refused to pay. When I told him I’d seek a legal advice he said he never said he wouldn’t pay (but I have it in writing). He now agrees to pay but is telling me I need to meet with him to reconcile petty cash (expenses during the trip – lunches, dinners, etc.). I do not want to meet with him as he is very short-tempered and I’m scared of him. Do I need to meet for petty cash reconciliation? He threatened to go to police if I don’t meet with him.
Asked on November 18, 2011 under Employment Labor Law, New York
Answers:
Michael D. Siegel / Siegel & Siegel, P.C.
Answered 12 years ago | Contributor
I do not know how much is at stake, but I would be willing to intercede for a few hundred dollars to write a letter, to more to bring a suit. You are clearly entitled to be paid. You did the work and your performance is evidence of it.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
He has NO grounds to go to the police if you won't meet with him...and if he does, you may have a lawsuit against him for malicious prosecution.
As for whether you would have to meet with him--you have two options if you don't want to meet with him, and he won't reconcile the expenses by phone and/or email:
1) Sue him--if you bring a legal action, you'd never need to see him until/unless you saw him in court. Obviously, this is fairly drastic and potentially expensive option; or
2) Accept what he claims for the expenses--find out the number he's comfortable with, then don't worry about reconciling--just use that number as the basis for getting paid.
You'd presumably give up some money with option 2, but it may be easier, cheaper, and less stressful in the long run.
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 AttorneyPages.com 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.