If it’s been 6 weeks (3 pay periods) and my employer has not paid me the full amount of my check for each period, do I have any legal recourse?

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If it’s been 6 weeks (3 pay periods) and my employer has not paid me the full amount of my check for each period, do I have any legal recourse?

Asked on June 27, 2012 under Employment Labor Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You have two options:

1) If the employer is actually violating some labor law (such as not paying overtime), you could file a complaint with the state labor department.

2) You could sue your employer for the money (whether it is violating labor law or just the terms and agreement--including oral or verbal terms or agreeement [i.e. the understanding])--under which you worked. If you performed work in exchange for payment of $X, you must be paid $X and may sue (including possibly in small claims court, where you could act as your own attorney) if you are not paid it.


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