Late payment of salary

[guptarajeshk]

What is the name of your state? Illinois
I was employed with the Software Company based Chicago with the following conitioned mentioned below:-
1.Compensation:- You will be paid at the rate of X dollar per Hour. ($xxxx year).

10.Cost Recovery. You agree to pay back US Software Corporation all the cost incurred in external training, relocation and hiring/visa processing (if applicable) in case you decide to leave the company before one year from date of joining. US Software Corporation is entitled to recover any attorney fees and costs incurred in the enforcement of this provision. This provision is drawn pursuant to and will be governed by the laws of the State of Illinois and all matter related to this provision will have exclusive venue in the state courts of DuPage County, Illinois.

The company was highly irregular in payment of monthly salary. The company policy is to pay the salary of last month on 15th of the month. For e,g salary for the month of Oct 2004 will be paid on 15 Nov2005. In my case company send my pay check for Oct and Nov on 21 Dec 2004.

I discuss the issue with the president of the company several time, but still the company remain irregular and send my Dec 2004 month salary on 26 Jan 2005.

As the company was highly irregular in paying the salary in time, i resigned the company stating the same reason.

As my company voilated the clause stated in Para 1, by not paying the monthly salary in time, the offer become void.

Can the company pursue the legal action against me for violation of clause numbers 10.

I have resigned 2 week back and till date the employer has not paid the salary for the period i worked.

Please advise ...

Regards
Rajesh

 

[SuzieWahoozie]

If you have put all of Paragraph 1 in your post, it doesn't appear the company violated the agreement as that paragraph mentions nothing about when wages will be paid.

With that said, however, I will tell you that IL only gives the employer 30 days from the date work was performed to pay you. So, if you worked on January 1st, for example, you must be paid no later than January 31st - at least for that day. The same is true of final wages...they should be paid on the next regularly scheduled pay day, but no later than 30 days after they are earned.

If you were an actual employee, and not an Independent Contractor, you can contact the IL Dept. of Labor for assistance in filing a claim for any wages still owed. If you are an IC, your remedy, if you don't get paid will be to file a civil court case. And, even though, it was paid late, as long as you eventually got paid, the DOL won't do anything on that issue. They want to be sure you get paid. You have been.

And yes, it seems to me the ER can most certainly look for their remedy under Paragraph 10. I can't see any reason why not.

However, as we often say here, without reading the entire contract, no one can interpret it for you. Your best bet is to talk to an attorney versed in contract law who can make you rights and your responsibilities clear to you.

 

[Beth3]

Can the company pursue the legal action against me for violation of clause numbers 10. Well, there's nothing that would prevent them from trying. Whether the on-going late salary payments invalidates the agreement is an unknown. You'll need to show the entire document to an attorney in order to get an expert legal opinion.

In the meantime, I suggest you contact your State's Department of Labor and file a complaint regarding the wages you are owed.