Not getting paid and not receiving the copy of the contract is a branch of contract?

I worked for a subcontractor 1 month. On the first day I signed the contract and I was supposed to receive a copy of the contract the next day by mail. I was supposed to get paid every 2 weeks. I worked 1 month and never got paid one dime. I sued him last week. Today he sent me the copy of the contract and a letter saying is better I don't go on with this. In the copy he sent me it says according to PA law the company can delay the payment for 30 days. I stopped working for him on July, 17, 2011. It says I'm supposed to pay his lawyer fees if he is found blameless. I don't know if he is just trying to scare me or not. He just sent me the copy of the contract after he received the suit.

2 answers  |  asked Jul 28, 2011 3:04 PM [EST]  |  applies to Pennsylvania

Answers (2)

Christopher Ezold
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.

That being said, if your contract provides for payment every two weeks, you are due payment every two weeks. If your employer does not pay you on the scheduled payday, you can institute a claim under the Wage Payment and Collection Law *("WPCL") for your unpaid wages, attorneys' fees and a 25% penalty. If your employer pays you within 30 days of your missed pay period, you will not be able to obtain the penalty damages under the WPCL. You will still obtain your wages and attorneys' fees, however.

PA law does NOT allow a company to delay payment of wages for thirty days. It merely does not require the employer to pay penalty damages if wages are paid within that time.

Therefore, if your employer has missed your pay date, even though he doesn't have to pay penalty damages, he will not be found 'blameless.' I would have to see your contract and the language it uses, but it appears unlikely from the facts you set forth that you would be responsible for his attorneys' fees.

If you would like to discuss this matter further, please feel free to contact me at the below address(es) or number.

/Christopher E. Ezold/
The Ezold Law Firm, P.C.
One Belmont Avenue,
Suite 501
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
www.ezoldlaw.com

posted by Christopher Ezold  |  Aug 1, 2011 04:57 AM [EST]
Doris Dabrowski
At the beginning of employment, the employer must designate a payday. The Wage Payment and Collection Law provides for liquidated damages if pay is overdue by 30 days.

Posted answers provide a general statement of the law for educational purposes. In this forum, I cannot provide a detailed opinion about your particular contract. You should consult a lawyer about claims arising under the contract.

Doris Dabrowski, 1525 Locust St., 14th floor, Philadelphia, Pa. 19102, 215-790-1115.

posted by Doris Dabrowski  |  Jul 29, 2011 07:20 AM [EST]

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