I am having difficulty getting paid on time at my current place of employment.

Anonymous

September 1,2021 at 1:30PM UTC

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I am having difficulty getting paid on time at my current place of employment. We only get paid twice a month on the 1st and the 15th. Our last pay period we were paid on the 17th and this pay period we are being told we will not be paid until the 7th, due to the Holiday weekend. I don't understand how the Holiday weekend affects us being paid on the 1st since it is a Wednesday and the Holiday is the following Monday. The owner keeps blaming it on the payroll company, but I know for a fact that he has been calling in our time later and later and then refuses to pay the fee for overnight services. He also refuses to let us sign up for direct deposit. He first tried to say that the payroll company does not offer that service, but when they were here for a recent meeting they tried to get him to have all employees sign up for it and he told them that no one was interested (total lie). When I asked him about it later and expressed my interest in direct deposit once again, he told me that I "misheard" the conversation. I know that I didn't "mishear" anything. Is there any kind of recourse I can take against my employer to ensure that I am paid on time? I am racking up late fees with creditors, and now my rent will be several days late and I will have to pay a $50 late fee. My State does not seem to have any laws on this other than I can file a claim for unpaid wages. I know that my boss is shady and I am looking for new employment, but until I can find something else I don't feel like I should have to be at his mercy and just get paid whenever he so decides. Any help would be greatly appreciated!

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AnonymousSeptember 1,2021 at 1:47PM UTC
I don't know about legal options, but the 2 people that I knew of who had similar situations, both of those companies went out of business within a year (1 of them would write the checks on time only to have them bounce and the other just delayed payments like your situation).
Honestly, I would find a new job ASAP because even if the boss is just being super shady, chances are there are poor financial decisions going on behind the scenes that are just going to get worse as time goes on.
I'm sorry that you're experiencing this, but if you're not being paid what you're owed, I wouldn't feel bad about applying for new jobs on company time or taking long lunches for interviews. Even if you were to get fired, you'd probably get unemployment which, even with all their issues, sounds like it would still get you a more regular payment than you're getting now.
AnonymousSeptember 1,2021 at 1:56PM UTC
Focus on finding a new position with a company that is not struggling to pay obligations. Also, file the unpaid wages claim, since that is the action available to you. Contact your creditors to explain your situation and try to protect your credit score. Once you secure new employment, start building an emergency fund to protect yourself from future unexpected income loss and future unexpected expenses. This is a difficult position to be in, focus on planning your exit.
Christy K. HanthornSeptember 1,2021 at 2:05PM UTC
I once worked part time for a (struggling) company. Smart guy but WAY too many irons in the fire. Everything was super unorganized, and he couldn't keep people on the payroll. Those of us who did stay on were paid irregularly. I often had to ask for pay (and basically suggested I'd be available for more work when I was paid for my previous hours). I understand you may not have this flexibility with a full-time job....in which case, it's time for you to find something more reliable.
AnonymousSeptember 1,2021 at 2:05PM UTC
Most payroll companies will require that you put payroll in early for weeks it falls on Holidays and if you don't your payroll will be late but none of the dates you described fall close enough to a holiday.....Payroll for 9/1 would normally be submitted 2-4 days before hand if not more depending on company size so it really shouldn't have to do with Labor Day at all....
I would honestly ask for Legal Advice from a lawyer as they would know for sure if there is anything that can be done.
I would ramp up your job search and do what you can to sever ties.
AnonymousSeptember 1,2021 at 3:35PM UTC
My organization is affected by holidays with regard to payroll submission. Regardless of how it's done, losing a full day backs everyone up a full day.
That being said, reputable organizations (like mine) and reputable payroll companies put out schedules WAY in advance for payroll submission dates.
I knew, for example, weeks ago that my payroll had to be submitted a day early this week.
Amy Elrod-LahtiSeptember 1,2021 at 2:16PM UTC
Hi there,
I am so sorry this is happening to you. I used to consult with small businesses on a variety of issues, payroll being one of them. In my experience, a business that is unable to make payroll on time consistently is in an extremely precarious position, and may be within days or weeks of shutting down entirely. Businesses have a legal obligation in most states to pay people on the schedule that's stated in the employee handbook, or that was told to employees when they were hired. Have you called your state's Department of Labor - they can be called different things, in my state it's called the Department of Workforce Solutions)? If you have, and there is no law in your state governing pay frequency obligations, your next step could be to find an employee advocacy organization - these are usually nonprofits - that may be able to help you. These organizations may know more about local and state employment law and be able to help you understand your legal options.
Unfortunately, whatever those options are, they aren't going to provide much relief in the short term. I know you said you're looking for another job but I would accelerate that search and try to find something else as quickly as possible - take any job that will pay the hourly wage you need to meet your financial obligations. I will also advise you that it is likely your employer has not been paying "trust taxes" (FICA, etc.) to the federal government on your behalf and that any insurance premiums you have taken out of your paycheck are also not being paid - in my consulting days, I never saw a situation where a business owner wasn't making payroll where they had continued to pay trust taxes or insurance premiums.
This is a mess, and I am really sorry you are involved in it. If it does escalate to the point where you are not being paid at all for hours worked, you likely have a complaint you can file with your state Department of Labor and the U.S. Department of Labor, but that really doesn't help you in the short (or even medium) term. Your best bet is to get out of this situation as quickly as possible, before your credit is damaged further. Again, I am sorry this is happening to you.
AnonymousSeptember 1,2021 at 3:10PM UTC
Yeah, I immediately thought the company was having cash flow problems.
AnonymousSeptember 1,2021 at 2:53PM UTC
If you go to your labor board some states provide penalties that add an extra $30 to 40 per day that your employer is late with paying you. The rules are extremely strict where payroll is concerned.
Alicia PiconeSeptember 1,2021 at 3:37PM UTC
I honestly don't know what the legal ramifications are, but many, many years ago, I worked for a company that had that issue.
One week, when we were being paid a day late already, the payroll manager dropped our checks on our desks and told us flat out that we should be at the bank at 9 am the next day, or the checks would bounce.
I was late to work - when asked why, I was honest. I got fired.
Three months later the company closed. Not making payroll is a HUGE problem.
Lorna Rose, J.D., M.S.September 1,2021 at 3:51PM UTC
What state do you live in?
Colleen HansonSeptember 1,2021 at 3:59PM UTC
Kansas
Sweet CarolineSeptember 2,2021 at 11:58AM UTC
My husband and I have both had this issue working for small employers, typically they are having financial trouble snd it won’t get better. File a claim 24 hours after you should have been payed, it’s illegal to withhold pay for hours worked in every state. It’s clear this guy doesn’t have the money, let him fire you, it’s scary but h employment will be steady (provided he has been paying into it, you may want to call your state first and make sure he has been paying premiums)
Beckie HinzeSeptember 2,2021 at 2:46PM UTC
You can be certain that when payroll is being affected that there is some serious financial trouble with the organization/company. I am so sorry for you. It must be putting you in a very difficult situation. Unfortunately if they do not have the funds you will not get paid - or will get paid late. Get out as soon as you can. This is one of the first dominoes to fall.
Emmy BemmySeptember 3,2021 at 12:59AM UTC
I would run away from that company, and file a complaint (not sure where). That sounds incredibly shady. It isn't due to the payroll company... we pay a portion 2x per month, and when they receive their paycheck is very consistent. Btw, is this boss also the owner of the company? Is the owner aware this is happening?