What to do if my employer made a stop payment on my last check and is refusing to my wages?

UPDATED: Jan 9, 2013

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What to do if my employer made a stop payment on my last check and is refusing to my wages?

I filed a complain with the department of labor. I need the money now and want him to pay. What can I do? I have the bank statement which states that he made the stop payment after it was deposited in my account. The bank also charged me a fee. He is also taking 2 hours from everyone, every week off from their pay. He has employees train for 2-3 days for 8 hours a day with out pay. Do I have case where I can sue him?

Asked on January 9, 2013 under Employment Labor Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

An employee must be paid for all work he or she did--if the employee did work and the employer refused to pay him or her, the employer is violating the agreement (whether written or oral/verbal) pursuant to which the employee did work. And if the employee is an hourly wage (not salaried) employee, it is a violation of labor law to not pay him or her for all hours worked. And finally, an hourly employee must also be all mandatory training time--mandatory training is work. From what you write, it therefore appears that you would have grounds to sue your employer. If the total owed you is less than the cap or ceiling for small claims court, suing in small claims court--where cases move faster, filing fees are low, and you can act as your own attorney--is often a good option.

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