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NY - Obligated to Wages?

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  • NY - Obligated to Wages?

    Recently, I was accused by my temp agency of stealing from a client. I never received my last paycheck and I believe my former employer is not obligated to pay wages under those conditions. Under New York State Law, is a contracted empoyee entitled to wages after an egregious termination?

  • #2
    You are always entitled to be paid wages for the hours you work. Even if the client is refusing to pay the temp agency you work for, the temp agency must still pay you for the time you worked.

    If the client company wishes to pursue you for theft, that is a separate matter and they may do so by making a criminal complaint and potentially taking civil action for the value of what they are alleging you stole.

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    • #3
      Thank you Beth for the quick response. I suspected the money should be paid regardless, but a few friends stated NY laws state employers are under no obligation to pay. Outside of obtaining a private attorney, are there any avenues to obtain payment from the agency? I've been suggested to write a formal request via email or letter sent certified mail.

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      • #4
        Let me ask you a question first - DID you steal whatever you're accused of?

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        • #5
          Ha! LOL! No, I didn't. The office lost some client information and as the only temp in a small department, I was accused of the theft.

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          • #6
            Hi Andrea,

            Go to this site:
            http://www.labor.state.ny.us/busines...rot/lshmpg.htm

            and you will be able to download a WAGE CLAIM form.

            Let me know if you have further questions.

            Best wishes.
            Last edited by Sue; 06-08-2005, 08:50 AM.
            Sue
            FORUM MODERATOR

            www.laborlawtalk.com

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            • #7
              I only asked because if you did, then your best option would be to make resitution by whatever means you can so as to avoid criminal charges and so forth.

              Outside of obtaining a private attorney, are there any avenues to obtain payment from the agency? Yes. You may file a complaint for the unpaid wages with NY's Department of Labor. It takes time for the State to resolve things though so I suggest you contact the staffing agency one last time via a politely worded letter stating that if you are not paid the wages you are due by [reasonable date], you will have no recourse but to file a complaint with the Department of Labor. I suggest you again reiterate that the accusations are mistaken and that you did not steal anything.

              Good luck.

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              • #8
                Thank you very muich for all your help. I have drafted a letter and will send it certified today. I'll let you know the results!

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