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NC- not getting paid North Carolina

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  • NC- not getting paid North Carolina

    I took a job as VP of Sales and Marketing in the beginning of March. Until May, I was paid by Paychex and checks came like clockwork. From May to June, I was paid with handwritten checks (with no stub) for the normal net ammount of my previous paychecks. This figure takes into consideration taxes and dental insurance that are withheld. The last paycheck I received was two weeks ago and it said "Loan". Last week I didn't get paid and my boss (the CEO) wonders why I have a bad attitude. I removed all of my belongings from the office on Tuesday (which he found out today and is wondering why I would do that). I have a five year contract @ $85,000/yr with this company. How should I proceed? Should I resign? I'm sure I should call the labor board, but should I give him the chance to pay first? Is he responsible for paying out my contract?
    jlabiak
    Junior Member
    Last edited by jlabiak; 06-21-2006, 03:09 PM.

  • #2
    We have no idea what would constitute a breach of your contract because we haven't read it.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Isn't not being paid breach of contract?

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      • #4
        Depends on what your contract says.

        Here's the deal. There is no provision in NC law for how soon after the end of the pay period an employee must be paid, nor how often an employee must be paid, except that the paydays must be "regularly scheduled". Whether or not payment being delayed past the regularly scheduled payday would be a valid reason for your quitting in contravention of the terms of employment as stated in your contract, you would need the advise of an attorney who has read the contract in its entirety and knows NC contract law.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Thanks for your help. Now, to address another question I had, should I give him the opportunity to make good on my paychecks and taxes that he hasn't paid or should I go straight to the Labor Board?

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          • #6
            How long has it been? In many states, the DOL asks, when you file, what you have done to try to rectify the situation.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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            • #7
              The last check I received was two weeks ago and it said "loan". Our pay cycle is weekly. He has withheld but not paid my taxes for over a month now. When I called him to discuss it, he told me there was nothing to talk about. I haven't resigned and certainly haven't been fired. When they need help, I give them what they ask for. It's a strange situation. Thank you so much for your help!

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              • #8
                I'd go ahead and file a claim with the state DOL at this point. I would also mention the fact that taxes are not being deposited and that you have not received pay stubs.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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