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Mason not being paid by employer for 4 weeks now New York

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  • Mason not being paid by employer for 4 weeks now New York

    My husband is a mason and is an hourly employee paid weekly. On 11/03 his employer told the crew that he did not have any money to pay them. He fired half of his crew and the next week paid the remaining employees in cash in two payments. My husband is one of the remaining crew members. The crew members that were fired still have not received pay for that week.
    They recently started work on a military base under Federal rate wages. The employer receives money for payroll each week to pay his employees. Nobody has been paid at all this month, the employer has been pocketing the payroll money that he has received. The employer will not answer his phone when my husband tries to call. We are being told by him that he has not received any money, however the person on the job site in charge of sending payroll money to the contractors stated that the employer has received payroll every week. We have since found out that he is being sued by several businesses, contractors and the labor union for "cutting and running".
    We contacted the labor department and there is paper work that my husband is filing...we were referred to them by the Attorney General's office. This however will take time and for now our mortgage and other bills are unpaid. Other than that we would like to sue for the pay and punitive damages, as well as try to put this guy behind bars for what he is doing to our family and the families of the other crew-members. We are now behind in all of our bills and cannot get assistance because technically my husband is employed. He cannot receive unemployment as he cannot quit to receive it, and has not been let go. I am due to have a baby in a few days and cannot find work myself. The stress of loosing our house, having our utilities shut off etc...is really hard. Can we sue? What if we cannot afford a lawyer? I tried calling legal aid and they had no idea how to go about this.
    Thank you.

  • #2
    Well, then, legal aid needs help. He can file a claim for unpaid wages with the state Dept. of Labor. He can also file a complaint for failure to provide a pay stub/statement (I'm assuming this didn't happen when he was paid in cash). Of course, I'm also assuming he is an "employee" and not an independent contractor.
    http://www.labor.state.ny.us/formsdocs/wp/LS223.PDF
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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