No pay for hours worked! HELP!

[cstenson]

No pay for hours worked! HELP!-UPDATE PLS READ

What is the name of your state? OHIO

I started a new job a little over a month ago, and have been having problems with not being paid, AT ALL!

First payperiod: they forgot to put me in the system

Second payperiod: the computer dropped me cause they forgot to put me in the payroll system (they say it does that after so many days of no activity)

Third payperiod (this friday): I have asked if I will be able to expect a check for all the hours I have worked over the past several weeks, I am being told that she "doesn't know" if I will get a check on friday or not, but they will overnight me one "as soon as they get me in the system"...

My question is: if their company policy states that payday is a specific date, at a specific location, at a specific time, and I have been working all these hours with NO compensation....because I have been "forgotten/dropped"; do I have any recourse?

I think it is just a sloppy HR mgr., and she is the one doing the forgetting. I am getting seriously behind on bills now because of this; is it reasonable to ask them to put something in writing, on co. letterhead that will help explain this to creditors (unless, of course, they forget that too!), as late payments are reflected on credit reports, etc. so this is not just about gas money or groceries here!

 

[cbg]

You have recourse whether there is a company policy or not.

All you need to do is contact your state DOL and file a complaint for unpaid wages. They are violating the law by not paying you.

I don't think it's unreasonable for you to ask for something in writing to show your creditors but keep in mind that (1) reasonable or not, they don't have to do so and it would probably be pretty stupid, from their point of view, for them to do it since you could use it against them in your wage complaint and (2) even if they do it, your creditors are free to ignore it.

 

[boonehead]

Tell them to pay you out of petty cash,and you will give them the money back when you finally get a check it is thier error not yours.

 

[cstenson]

Update

OK...thanks for the advice! I have spoken with the DOL and the guy I spoke with said a couple of things. First, he called my employer and they told him they are "working on it" but still cannot give him a specific date for my pay check to arrive. Second, he told me that if I do not receive a check by close of business on Monday 4/25/05 (30 days since first payday), I have the right to file criminal charges against my employer; he told me to give OH Rev Codes 4113.15 sec B, 2901.23, 2929.31 & 2929.32 as the reasons for the charges. Apparently, in OH it is a misdemeanor in the first degree to withhold pay for 30 days past the original payday. He said I can take them to small claims court OR I can file the criminal charges and ask for a trial and sue for damages incurred by me (late payment fees, embarassment, etc.); not both, but either way, I can use these sections and codes of the OH Rev Code.

My question: Has anyone ever heard of these codes being used? What are my chances of having a favorable outcome (I know, no one here can predict anything, just want opinions!) such as, the problems I have had to deal with because of no pay (late charges, embarassment, negative reporting to credit, etc.)? Can I even hold them responsible for these things? Do I need to get a lawyer who will take 40% of anything I might be able to recover? Or is this something legal aid will help me with? Would appreciate any opinions on this! Thanks!

PS, I have accepted a different job, so I do not need to worry about being "pressured" to quit this one, but I feel totally wronged here and want justice! Why work for someone who isn't going to pay you?

 

[cstenson]

Update

OK...I was "promised" by the HR Mgr on Wednesday that my check would arrive by Friday (today), but it is not there, and the home office in Atlanta hasn't sent it yet. So, I guess I have no choice but to find a lawyer to handle this for me.

Anybody know of a good lawyer in/around Greater Cincinnati/Northern Kentucky that is willing to take on Home Depot?