OUR EMPLOYER CAN NOT MAKE PAYROLL WHAT CAN BE DONE IN NY

Asked 7 months ago - Larchmont, NY

OUR EMPLOYER CAN NOT MAKE PAYROLL WHAT CAN BE DONE IN NY

Attorney answers (4)

  1. Arthur H. Forman

    Pro

    Contributor Level 17

    2

    Lawyers agree

    Answered . I would recommend that you not return to work until you are paid in cash. Otherwise, file for unemployment benefits and look for another job. You can also file a complaint with the NYS Dept of Labor.

  2. Vincent Peter White

    Contributor Level 18

    2

    Lawyers agree

    Answered . Simply contact the New York State Department of Labor Wage Enforcement Division.

    This answer does not constitute legal advice and you should contact an attorney to confirm or research further any... more
  3. Thomas Alan Holman

    Contributor Level 12

    2

    Lawyers agree

    Answered . I agree that you should contact the New York State Department of Labor at 1-888-4-NYSDOL. They protect workers and enforce New York State Labor Law for the payment of wages and wage supplements. If the NYS Department of Labor is unable to help, you can contact an employment lawyer to help you with your situation.

    The information contained in this answer is attorney advertising and it is not intended that the recipient rely on... more
  4. Joshua Samuel Carlo Parkhurst

    Contributor Level 9

    2

    Lawyers agree

    Answered . You are entitled to receive your wages for the work that you have performed. You can either file a claim with the Department of Lawyer or bring an action for non-payment of wages. The main problem, of course, is that if the employer is not making payroll, it is likely that the employer doesn't have money to satisfy a judgment. However, there may be remedies against the individual owners or officers of the entity, although those can be difficult to pursue.

    If the employer files for bankruptcy, then at least a portion of unpaid wages constitute a priority claim in a bankruptcy proceeding and have to be paid before most other creditor's claims.

    This does not constitute legal services or legal advice. Contact an attorney directly if you believe that you... more

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