Breach of contract question

minendo

Elite Member
Aug 31, 2001
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In mid May I signed a temporary contract with my current employer in which I was paid monthly on the last work day of each month. Payroll screwed up and I didn't get paid until June 4. Payment for the month of June was made via direct deposit and I was paid on time, however I received no pay stub until mid July due to a payroll screw up yet again. Finally, today was pay day for the month of July yet I have no pay check or direct deposit. They have filed paperwork to correct the situation, but I must wait until Wednesday for my pay check.

Two out of three months now they have been late in paying me (one of which I haven't been paid for). Is there anything I can do legally in this situation? I know I will eventually be paid, but these late payments have screwed me over on bills and rent.
 

Turkish

Lifer
May 26, 2003
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That sucks.

The screwup in June is understandable, first time it happened right? Not just you, for everyone? But the second one would piss me off as well. Are they trying to get it fixed or not? Technically, it is breach of contract but I don't know how far you can go legally. Good luck.
 

minendo

Elite Member
Aug 31, 2001
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Originally posted by: XietyCOM
That sucks.

The screwup in June is understandable, first time it happened right? Not just you, for everyone? But the second one would piss me off as well. Are they trying to get it fixed or not? Technically, it is breach of contract but I don't know how far you can go legally. Good luck.

These screw ups are with my pay only. Everyone else was paid on time.
 

DaveSimmons

Elite Member
Aug 12, 2001
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"Emotional distress" lawsuit?

With interest rates at 1-2% the actual loss from getting paid a few days late is going to be infinitesimal.

You might collect a few bucks, but get yourself blacklisted as a troublemaker in the process.
 

Yo Ma Ma

Lifer
Jan 21, 2000
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Not sure, maybe if you had something in the contrac that addressed late payment? (Fees/fines, whatever) If not then you might be better off getting a good working relationship w/someone in the payroll or accts payable dept who will take the responsibility of looking out for your interest on pay days.
 

minendo

Elite Member
Aug 31, 2001
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Originally posted by: DaveSimmons
You might collect a few bucks, but get yourself blacklisted as a troublemaker in the process.
Not a problem there since my last day is officially August 6.
 

Zim Hosein

Super Moderator | Elite Member
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Nov 27, 1999
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Originally posted by: minendo
Originally posted by: DaveSimmons
You might collect a few bucks, but get yourself blacklisted as a troublemaker in the process.
Not a problem there since my last day is officially August 6.

What does the HR dept have to say?
 

minendo

Elite Member
Aug 31, 2001
35,560
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Originally posted by: Zim Hosein
Originally posted by: minendo
Originally posted by: DaveSimmons
You might collect a few bucks, but get yourself blacklisted as a troublemaker in the process.
Not a problem there since my last day is officially August 6.

What does the HR dept have to say?

Not a damn thing thing other than payroll has its policies that need to be followed to cut a special check.

I then asked if it was also policy not to pay employees. At that I point I left to meet with my boss since she had just gotten in.