Legal Question in Employment Law in Georgia
Previous employer holding dues
Hi,
I worked for a small software consulting firm for 41/2 months. The deal was that they would pay me an hourly rate of $48 but would should an annual salary of $60,000 on paper and pay me the rest on a quartery basis. When I asked them for the money after the first quarter they cited reasons like ''the client has not paid us yet''..etc. I waited for a month and when they did not pay up I put in my resignation. They have not paid me my last salary even. Though my employment contract states an annual salary of 60K, I have a document signed by them that states my hourly rate. How can I get my money from these people.
Thank You.
4 Answers from Attorneys
Re: Previous employer holding dues
This is a common scam I see over and over again, particularly, for some reason, with people from India in the computer consulting business. I am certainly not trying to disparage the good people of India. Just an observation I have seen.
To make you wait until the "client pays" is unlawful unless you are an independent contractor and your agreement states that. If you are an employee, you should file a complaint with the California Labor Board. If you are an independent contractor and your agreement does not state they can hold up payment for that reason, you should sue them. But, if they now owe you more than $5,000, you can not sue for the full amount in small claims court, so you will probably need a lawyer to represent you.
You certainly don't want to work there any more. Serve a final written demand on them warning you will take legal action immediately if they do not immediately pay you in full. Also, terminate the contract unless they promptly pay all owed.
Re: Previous employer holding dues
By the way, I just noticed that you are in Georgia, not California. The small claims limit in Georgia is $15,000. You can file it in the Magistrate's Court for the county where you work. They are unlikely to have any good defense.
Re: Previous employer holding dues
By the way, I just noticed that you are in Georgia, not California. The small claims limit in Georgia is $15,000. You can file it in the Magistrate's Court for the county where you work. They are unlikely to have any good defense.
Re: Previous employer holding dues
I apologize for multiple answers, but this website is experiencing some type of malfunction. If you are an employee, you can also file a complaint with the U.S. Dept. of Labor, wage hour division, because they are also violating wage hour laws to pay you nothing.
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