How do I receive my compensation?
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How do I receive my compensation?
I work for a webcam service. They send out bi-weekly checks, as well as daily payout requests, with an attached fee. I sent out a request on May first for $460.95. The usual timeframe for the request to be deposited to the employee’s bank account is 1-3 business days. I have yet to receive this payment. I was expecting this payment, so, I paid my rent in advance of the deposit. By Thursday I had negative balance, and now have an added fee for the overdraft. I’ve emailed support numerous times. They have yet to compensate me or even truly acknowledge the issue. I deserve to be compensated for my actual work, and the fee that I wouldn’t have had without this issue. What should I do?
Asked on May 6, 2017 under Employment Labor Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You can sue them for the money: that is how you receive compensation when someone owes you money but will not voluntarily pay it. You would sue based on "breach of contract": that is, for violation of the agreement, even if only an oral (unwritten) one pursuant to which you work in exchange for pay.
You may not be able to recover money for the overdraft fee, though you should certainly add it to the complaint you file and ask for it. A court could find that it was your responsibility to check your bank account and make sure you had money to cover your checks, so the employer is not responsible or liable for this amount.
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