Is this legal!?! (employment question)

MoochNNoodles

TCS Member
Thread starter
Veteran
Joined
Apr 30, 2005
Messages
36,708
Purraise
23,653
Location
Where my cats are
My boss, in his way of speaking with explaining nothing, told me today that they aren't paying me this week. I should have gotten paid today (Wednesday), for December 29th to January 8th. (I only work 4 days a week for them, they consider me full time.) I am their only employee.

He said something about this being the first week under our new business name and putting my info from my w9 in. (Which I just gave them today because though they mentioned in passing that they would need a new one; I just found the one they intended for me to sign tacked up on a cork board.
)

Besides that being a really cold thing to do; is that even legal!?!?! And how can you tell someone on the day you normally cut their check that you aren't paying them this week??? I've been with him for a year this month and umm...I kind of expect to be paid in a regular fashion. Business changes or not. It's not like the change is unexpected.
 

natalie_ca

TCS Member
Top Cat
Joined
Jul 2, 2006
Messages
21,136
Purraise
223
Location
Winnipeg, Manitoba, Canada
No, that's not legal!! You worked, you get paid! Simple!

Is it possible that perhaps you may have misunderstood him? Did he mean that he couldn't pay you today because you hadn't filled out the proper form and that you would get paid for this pay day, on the next pay day (basically 2 pay cheques on the same day?). That is not "illegal", but it's highly inconvenient to you. It doesn't take that long to process a form, so they should be able to cut you a cheque within a day or two of your current pay day. If he meant that you would get this pay cheque on the next pay day along with your next pay cheque, talk to your boss and tell him that you highly depend on getting paid on the actual pay day and that delaying giving you your cheque would cause you financial hardship.

If he actually meant that he wasn't paying you for the time you worked, period! Then contact the Labour Board in your area and file a complaint.
 

icklemiss21

TCS Member
Top Cat
Joined
Aug 14, 2005
Messages
16,465
Purraise
20
Location
in the land of poutine and ice
I think he meant he was paying her but since the forms were not done for her employment with the new business name, wasn't paying her right now?

I have had it happen to me and it is completely legal up here, however, attaching your personal information to a corkboard I would question the legality of?
 

kara_leigh

TCS Member
Top Cat
Joined
Nov 25, 2008
Messages
2,325
Purraise
4
Location
Bradleyville, MO
They can't NOT pay you. A company tried to do that to my husband once when he was younger. His mother called the labor department and boy did that get them jumping. If you showed up and worked they are legally bound to pay you, regardless of what is going on with their business.
 

going nova

TCS Member
Top Cat
Joined
Jan 31, 2008
Messages
1,951
Purraise
12
Originally Posted by MoochNNoodles

He said something about this being the first week under our new business name and putting my info from my w9 in. (Which I just gave them today because though they mentioned in passing that they would need a new one; I just found the one they intended for me to sign tacked up on a cork board.
)
When did they tack up the forms you were supposed to fill out? (They probably should have physically placed them in your hands to make sure you got them in time to be paid on time. But if it is legal for them to postpone pay, then maybe it was just a miscommunication.)

Did they say when they are going to pay you? (Like, that they'll pay you after they process the paperwork?)

ETA:
 

cococat

TCS Member
Top Cat
Joined
Feb 2, 2007
Messages
4,953
Purraise
12
Location
USA
I would talk to a lawyer and get their take on it immediately.
 
  • Thread Starter Thread Starter
  • #7

MoochNNoodles

TCS Member
Thread starter
Veteran
Joined
Apr 30, 2005
Messages
36,708
Purraise
23,653
Location
Where my cats are
Well since I didn't get paid today either. I've been extremely unhappy with the way I've been treated at work lately and this is just the icing on the cake. It was so busy today (when is it not?) that I didn't even get a chance to ask when they were planning on paying me. I'm thinking if I don't get a check by next Wednesday (I've always been paid every other Wednesday) then I'm going to pretty much demand at least the check I should have gotten this week. I mean I am their ONLY employee; how hard can it be to enter my basic information. I know it has something to do with taking my taxes out too; but really, there is no good excuse. They've been in the process of switching this business around for a year now. I want my money.

I'm kind of confused about what he meant by first week; because technically the paycheck was for the past two weeks. He might have meant this is the first check under the new name. Even still...pay up people! I'm busting my back side and I expect my agreed upon compensation! And they better not try to pay me for 3 or 4 weeks all at once and make me pay more in taxes! That is completely unacceptable.
 
Top