Employer refusing to pay/pay on time

My husband has been working for a guy a month now. He was told he'd be paid salary. $800/wk half cash half check. Every week he's had to fight for his pay. Just tonight he refused to pay until a job was done. That was not the agreement. So now, no pay for this week. He's found another job but can start for 2 weeks. I'd also like to add that the pay agreement details are all agreed upon and in texts between them. Do we have any recourse? I had read in nys partial pay is the same as no pay and we could get damages.

1 answer  |  asked Dec 27, 2019 5:23 PM [EST]  |  applies to New York

Answers (1)

V Jonas Urba
It's your husband's decision whether to keep working for an employer who may make this a habit.

The Department of Labor NYS is one option. If your husband falls below minimum wage on the check paid part DOL will certainly take notice. His checks need to reflect full pay even though some employers think this clever way to pay is smart. It's not.

He can sue in small claims court. Getting another job might be a better option although he may want to give this employer another shot.

Some employers like to test their employees. How little can they pay him and he still shows up?

Your husband might qualify for unemployment. If he has not been paid and it's not his fault then unemployment should cover him.

There is no law which prevents an employer from paying minimum wage when they promised more up front. Unless the employee has a written contract i.e. $800 a week for the next six months, yr., 2 years or another term signed by employer.

Otherwise he's "at will" employed, can quit or get fired for no reason, and might be better off working elsewhere.

posted by V Jonas Urba  |  Dec 27, 2019 8:01 PM [EST]

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