If my employer has not paid my monthly salary for3 months, what is my recourse as a salaried manager of the company?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my employer has not paid my monthly salary for3 months, what is my recourse as a salaried manager of the company?
I have requested a clarification from my employer and the responses is that I (and the other employees) will be paid as “resources become available”.
Asked on January 15, 2012 under Employment Labor Law, New Hampshire
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You can and should sue your employer. A company is legally obligated to pay employee salary--when they do not, the employees have a legal claim or cause of action. If the company lacks the money to pay, then either it is in dire financial straights and/or someone is diverting or stealing the money. In either event, the longer you wait, the greater the likelihood that all resources or assets will be depleted, leaving nothing for you. You should speak with an employment law attorney immediately; in addition to suing, he or she may also recommend filing a complaint with the state labor department. If other employees have also not been paid, you and they could consider jointly hiring an attorney, to spread the cost.
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.