I need help, I have an A**hole for a boss, (I am a PA) he has not paid us on time in over 2 years! I have been looking for other jobs but with the wedding and so on I figured that I would stick it out for the time being. He just fired the other PA one month ago after trying to make her miserable with ridiculous emails (she worked for him for 10 years!!!!) I am now the only PA. So we were due a paycheck on 5/27 which of course we did not get, we recevied it last friday the 4th and it was POSTDATED FOR JUNE11! ***!!!! plus my next paycheck is due this thursday June 10th. Is this even Legal??? I am trying to google it and I have found nothing. I am so frustrated and we just bought a house!! This is suppose to be so exciting for DH & I and I am sick to my stomach!!!! Sorry for the long vent!
MaggieLuvsJoe
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Re: Anyone a lawyer on here. Long vent!
you can probably report him to the department of labor but I don't know if that is the best thing to do since you still work there.
Maybe you can call them and ask a few questions anonymously just for knowledge so you'll know what to do. I wonder if you quit bc of this if you can collect unemployment while you search for another position.
Good Luck and I'm sorry you have to deal with such BS
brittndave
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Re: Anyone a lawyer on here. Long vent!
crashing here.. i'm sure it's illegal for him to pay you late but it's definitely illegal to post date checks!!
gina409
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Re: Anyone a lawyer on here. Long vent!
im not a lawyer by any means but this is total bs and i would speak to one asap..so sorry u r going through this
MLAngelo
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Re: Anyone a lawyer on here. Long vent!
I am not a lawyer but my father is a business owner. How are you paid? Are you on a pay roll or are you paid as a freelancer? If your paid as a freelancer then you don't get taxes taken out, you get a 1099 and you pay your taxes yourself. I worked at a job I loved where I was paid as a freelancer. When the books were short I got paid late. I believe they can do that if your paid as a freelancer because your treated as a vendor and not required to get a weekly paycheck. I think with freelance employment they can pay you the way they pay any vendor, they have to pay you in 90 days and should pay you in 30. I don't think they can if your paid on payroll.
PoppedInASnap
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Re: Anyone a lawyer on here. Long vent!
It depends. When I was working for the Board of Education, i was a 'Independent Contracter' and I was lucky if the check came at all!
But either way I would speak to him... ask him whats goin gon
coldasice217
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Re: Anyone a lawyer on here. Long vent!
It's definitely not legal to postdate a check, that I'm sure of. The other stuff, I don't know. I'm sorry you're going through this.
MLAngelo
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Re: Anyone a lawyer on here. Long vent!
I do not believe that it is illegal in NY to post-date a check as long as the writer knows there will be sufficient funds to cover it on the day the check is issued for. I just looked it up on several sites to double check this and it seems that I am correct.
I believe this because I coordinated our actors when I worked on Kid Fitness and very often because of funds the minor actors checks were post dated. I always felt bad about this, but we were using every penny in our budget and I knew why my boss did it, so the cast knew they were getting paid but we could cover it. It stinks though.
However very often banks don't even pay attention to the date so the writer is taking a risk of being overdrawn. And he would be liable for the overdraft fee.
Sorry your going through this.
SoontobeMrsG
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Re: Anyone a lawyer on here. Long vent!
Thank you girls, its just so frustrating! I am a salaried employee, I have written to the Dept of Labor and they basically just give him a slap on the hand. Ugh, I am freakin out because July 1st is when my mortgage payments start!! It was my salary that was covering the mortgage!
