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Back wages right after termination.

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  • Back wages right after termination.

    Hi,
    I was a salary employee working for a company. Company had a project oversea and requested me to travel oversea time to time for a project. We did have a seat down meeting and agreed that I should get pay by daily rate more than my regular salaries. So we agreed on a rate. When I made the trip, they only paid me 12 hours of my regular hourly salary calculated based on 40 hours per week. They eventually pay me the rest when they get payment from their client.
    The very last trip for the project, I only get pay for the regular yearly salary wage (not 12 hours pay). When I demand the payment, they told me that the client never pay and they were in bankruptcy. I could not force them since I did not want to find another job. When I quit the company for a new job, I demand the payment. They told me that we have an agreement that I only get pay when they get pay and refused to pay me. We never made that agreement verbally or in writing. What is my right on that money that they owed me? What court can I file a law suite in? I talked to couple of the lawyer. They want the money up front which I don't have. I am thinking of filing the law suite my self. Please help me to bring the employer to justice.

  • #2
    If you have not been paid for hours worked, contact the US Dept. of Labor, www.dol.gov.
    In Solidarity,

    Wayne

    www.waynemarshall.org

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    • #3
      Contacting DOL is kinda vague. Basically, you have a few options. You can file a wage claim thru your state's department of labor, file a wage claim and pursue it in court yourself, and this is a longshot, file as a creditor in that company's bankruptcy as a person who is owed wages but the problem there is that the company you work for should be making that filing, not you. If you do not have a written contract, the best thing that you can do is to have proof of the custom and arrangement and present this as evidence in court and proof by pay stubs, etc... should be able to assist.

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      • #4
        Thanks for your responses. I tried to hired a lawyer to file for a law suit. Ended up that lawyer took my retainer and did not do much and document on paper that he is using up that money and wanted more. We ended up with nothing because I don't have enough money to feed to the lawyer. I would like to go to some agency and report this. I think the act that they treated me as a contractor in the same time I was an employee is breaking the law. I don't think they can put a contingency on wages of employee. That money that I considered lost. But I want to bring the case to justice so they will not do this kind action to next employee.

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