Unpaid wages, what are our options?

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Unpaid wages, what are our options?

My husband has been working for a temp agency since last October. Something happened with the direct deposit, and he has not been paid now since the end of Feb. We have tried dealing with them directly, and tried contacting their home office, but still no pay has been made, and he is still working there. Not only have they not paid him for wages due, but are still not paying him for current hours.What can we do?

Asked on June 29, 2016 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

1) First, contact your state labor department: they enforce the wage and hour laws, and they may well look into this and take action on your husband's behalf. If they do, it will be free to you, which is why contacting them is your first step--why not get free help if you can?
2) If they can't help you, then your husband could sue for the money. He would sue based on "breach of contract": violation of the agreement, even if only an oral or unwritten one, pursuant to which he agreed to work in exchange for being paid a certain hourly wage. To win the case, he'd have to show what his wage was (paystubs can do this) and that he worked certain days/hours (he can use witness testimony, including his and yours, and time cards/sheets).


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