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What should I do if my employer refuses to pay me for what I worked, the rate that was agreed upon, and overtime?

Saint John, IN |

Initially my employer said i would make more than 8.50 an hour and would get 50-60 hrs a week. I was paid only $300 for 39 hours my first week...then I didn't get paid for another 3 weeks. I tried to confront him about it...but he only procrastinated further. I was told that he refused to pay us after 'business hours', even tho sometimes we still had orders to make and cleaning to do.There would be times I would for work for more than an hour after close. I accumulated a lot of hours and a decent amount of overtime as well...I was soon after fired for no reason. when I met with him afterwards he only paid me some of the amount he owed me, not including any overtime or after hours work i performed. He is now trying to send me 1099 forms, but i was not an independent contractor. HELP!

When I asked him why he gave me so little money he said he was pretty sure that I worked less hours than I really did... he said he'd check again and get back to me...yet still hasn't. I'm pretty certain that there is a lot of illegal business going on here and I'm being scammed. I never filled out any sort of paperwork, he has no way of showing us what hours we worked. basically we just come in and work. there's no time clock or anything... only thing i have to show what hours i worked is what i wrote down on my calendar. so I have little proof of when i worked, besides the bank statements i can get from the checks I cashed from him from the little he did pay me. Isn't him not having me fill out any tax forms or anything else enough to take him to court? It's all bad and I don't want others having to ever deal with this either.

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Attorney answers 2


You need an attorney that deals with employment law. Do you have anything to prove the hours that you worked or the wage you were to be paid? Did you fill out tax forms when you started working there? Collect any documents that you have related to the employment/employer and search for employment attorneys in the county/state that the employer is located. You will most likely have to sue him in federal court and there are big penalties that can be awarded, but you have an uphill battle to prove what you are owed.



my question is; if, as an employer, he keeps no record of me ever working there, and the only proof I have is bank statements of cashed checks from him and my calender, isn't it just my word against his?


While I agree with the previous answer, indicating that you need to contact an employment attorney, I would disagree with the idea that your case is a federal one. Indiana has very specific wage/employment laws, which require employers to pay their employees at specific intervals. In addition, if you were hired as an hourly employee (not one exempt from overtime pay), it is likely your employer has violated state law by not paying you for your overtime. Depending on the specific facts of your case, you may have many different viable claims. I would suggest you contact a local employment law attorney. There are multiple Indiana laws which provide for liquidated damages, relating to unpaid wages, which double or triple your recovery if you are successful at trial. As a result, most well informed employers will settle these claims rather easily, if they are at all in the wrong.

Disclaimer: Any information provided through this forum is meant merely for informational purposes and is not legal/medical/tax advice. No attorney-client relationship exists as a result of this communication and to establish such a relationship, a potential client must enter into a written contract with the attorney. This attorney has not agread to handle your case, nor will he do so until you have signed a written fee agreement which outlines the obligations of both parties.



thanks for your comment. and yeah, most of what I've seen says it would be in small claims as long as its under 6k. I know I've been severely wronged here and i've suffered terribly financially because of it.

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