If my boyfriend’s employer does not tax his employees and he does not pay them on the designated pay day right now, can he sue?

UPDATED: Mar 25, 2012

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If my boyfriend’s employer does not tax his employees and he does not pay them on the designated pay day right now, can he sue?

It is a privately owned Italian restaurant. I also worked there a year ago and this was going on then as well. The manager will write out the amount on a piece of scratch paper and employees are required to approach the owner and ask him to write their paycheck. More often than not, the answer is, “No, I cannot write your check right now, ask again tomorrow or next week”. The check includes the credit card tips and $2.35 hourly rate for servers. I have reasons to believe he is trading stocks with the money.

Asked on March 25, 2012 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If an employee is not receiving everything to which he is legally entitled for working--for example, the employer is not paying the employer match for social security taxes--the employee can sue for what he was not paid. And if employees are paid late, they can potentially sue for any costs they incur due to the late payment, such as bounced check fees, interest costs if they had to borrow, late fees or penalties if they paid rent or car payments late, etc. Your boyfriend--possibly in conjunction with other coworkers similarly affected--may wish to consult with an attorney to see what he could sue for, and whether it is worthwhile.

Note that it doesn't matter what the employer is, or is not doing, with the money--all that matters is that your boyfriend is not being paid everything he should and/or is being paid late.

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