How do I make my employer pay me my owed wages?

Asked over 2 years ago - Franklin, OH

My former employer owes me 1080 in wages I am due from 11/13/2011 to 12/02/2011. I was instructed to direct all payroll questions to am email address which no one has answered to date. I know there are many other former employees that are still owed money. This company collects state medicaid money for services provided but does not pay the employees that did the work. Not only do I want my money but this has got to be some sort of state medicaid fraud as well. I know they use the money they collect for their everyday use which includes eating at restaurants three times a day.

Attorney answers (3)

  1. Jeffrey Kyle Milbauer

    Contributor Level 8

    Answered . The first two answers you received offer some good advice. Here is another possible remedy for you and your fellow employees. Ohio Revised Code Section 4113.15 requires that employees be paid no less frequently than semi-monthly in most cases unless a longer period is customary in the industry or trade, or if a longer period is agreed upon in a contract, or established by operation of law. Failure to pay semi-monthly for more than thirty days where there is an established pay day, absent a party having filed an action of some sort relating to the wages, makes the employer liable for payment of the wages plus 6% or $200, whichever is greater. Furthermore, pursuant to R.C. 4113.99, failure to comply with the law a criminal offense, punishable by up to six months in jail as is a first degree misdemeanor. I would definitely recommend that you consult with an employment law attorney to further explore your legal rights and options. Jeff Milbauer, The Milbauer Law Firm. Middletown, Ohio.

  2. Henry Allen Arnett

    Pro

    Contributor Level 10

    Answered . Generally, an employee owed $1,080 could file an action in small claims court. Another option would be to contact the Wage and Hour Division of the United States Department of Labor because if the former employer did not pay you at all for the time in question, the former employer might be in violation of federal labor laws.

    However, before taking any action, I would urge you to consult a lawyer about your situation. There are many questions raised by your comments. For instance, your question does not state why you and others are not getting paid. Is your former employer bankrupt, or out of business? Is your employer disputing that you did the work and earned the money? If you consult with a lawyer, he/she might be able to determine whether a class action against your former employer would be appropriate.

    Please note that this answer does not constitute legal advice. It is merely intended to provide general... more
  3. Donald Michael Gallick

    Pro

    Contributor Level 16

    Answered . There is a rarely used federal law called a "qui tam" action, also known as the False Claims Act. It provides whistleblowers with opportunities to collect rewards when they file complaints alleged Medicaid/Medicare fraud or any other misappropriation of federal money.

    The facts have to be kept confidential though, publicly disclosing the facts (e.g., on a website or blog) will defeat any award you might win.

    Feel free to contact me to discuss this confidence.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

31,515 answers this week

3,292 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

31,515 answers this week

3,292 attorneys answering