If my employer has not paid my monthly salary for3 months, what is my recourse as a salaried manager of the company?

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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 10 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.


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