My employer isn't paying me, what do I do?
January 23, 2007 11:17 PM Subscribe
My employer isn't making payroll regularly. What's my best recovery strategy? My bank account needs
posted by hackwolf to work & money (12 answers total) 3 users marked this as a favorite
I've been working for a small software company since 1 November of last year (W2, full time, remote office). I knew when I took the job that they had problems, but I managed to delude myself into ignoring the scope and extent of those problems for various reasons.
Now I find myself in the following situation: I've actually received checks for two out of the past five (soon to be six) pay periods, work from home on my own equipment, and have not been reimbursed for ~$400 in business travel expenses. The financial situation isn't dire thanks to my wife's income and plenty of savings, but it's not great either. Assuming that I haven't quit yet but will no later than August (to go back to grad school, otherwise I'd already be gone), what's my best strategy for getting what they owe me in a reasonable amount of time? They're in Texas, I'm in Colorado. I'm not sure if it's Texas or Colorado law that applies to my situation.
It's likely that the company will remain in business after I leave, at least for a few months or a year, as apparently this has been normal practice for them for years. As such there's the chance that I could recover the money in a friendly way, but according to my reading of the Texas Payday law, the statute of limitations on official complaints to the Workforce Commission is 180 days. I think Colorado would give me either two or three years to file a complaint, depending on the reading of the law. Suggestions? (Other than "talk to a lawyer" - I'll do that soon enough, but I'm doing what research I can and exploring options beforehand to help with the lawyer shopping). Recommendations for Texas or Colorado employment lawyers would also be welcome...