Can my employer delay or stop my salary payments?
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Can my employer delay or stop my salary payments?
My employer started delaying our bi-weekly payments this summer. At first she was apologetic and said she simply forgot. However, the last time after we sent her a reminder in anticipation, she claimed that due to lower sales of our services (we sell educational courses), she had to pay us out of her pocket. Therefore, the salary is going to be 3 days late again and next time, if we don’t have enough sales, she can’t do this anymore. I am not sure how to go about this. I work hard and knowing that I might not get paid at all is discouraging and demotivating. I have a small baby and cant afford to work for free. I also see that it’s against federal law to even delay payments, never mind completely missing them.
Asked on September 29, 2019 under Employment Labor Law, Michigan
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
If you are not paid, you can sue your employer for breach of contract / account stated.
Your damages (monetary compensation you are seeking in your lawsuit) would be the amount you are owed.
Depending on the amount you are owed, you may be able to file your lawsuit in small claims court. Upon prevailing in the case, you can recover court costs which include the court filing fee and process server fee. There are no attorneys in small claims court. You represent yourself.
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