What to do if my employer is not paying me on a regular basis?

UPDATED: Aug 8, 2011

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What to do if my employer is not paying me on a regular basis?

My boss hasn’t been paying me on a regular basis for over a year now. I have to beg for money and he owes me a tremendous amount. When he does give me money it’s on different companies’ checks. I can’t quit because I won’t get unemployment. He is taking taxes out of my pay but I don’t know if he is paying the taxes. What should I do?

Asked on August 8, 2011 New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You should get a lawyer and sue. The law requires that employees be paid for all work done; it further require regular payment; and it also requires that taxes be withheld but also remitted properly to the government they can be credited to your tax obligations. If he is not paying you what you have earned or not paying the taxes on your behalf, you would have a cause of action against him.

The reason you should look to take action--besides that you have a right to your money--is that often, when an employer stops paying an employee regularly, it's because either the business is in trouble and he doesn't have the money; or because he is personally embezzling the money. In either event, the longer you wait, the greater the chance there won't be any money to get back.

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.

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