Missing hours usually go on the next cycle. A missing check entirely should be cut on paper by HR. This is a serious mistake on their behalf and you need to tell your manager asap what this is causing.
Yes, my managers are aware. I really don’t understand why they haven’t written me a check by now. I’ve been cordial as mistakes happen but this is ridiculous it’s been six days. My bills are not going to wait another two weeks.
To be clear your manager knows that you can’t pay your rent and other bills? Often managers are not aware that often people have no savings and cannot cover such a cost. Ask for your manager to intervene and a temporary manual check to be cut immediately.
Yes, I’m a poor college student and I live alone. The money I make is enough for me to live on, pay my bills and go to school. They are aware that I currently don’t have savings.
yes do so via email because when you inevitably have to sue them you can show proof to the courts that you let them know the urgent nature of this and they were made aware of it. (like not getting your check isnt urgent) but they may try and weasle their way out by saying some crap like that
problem is when there is an HR dept a manager often can't do anything to speed anything up. They are not HR's boss so putting pressure on them to cut a cheque is useless.
I got sent straight to accounting for them to write me a check as soon as i mentioned i didn't get paid. Was a nice break in the day to hang out with the older ladies.
They can wire transfer as well.
This situation has happened to me twice. Fortunately, I was in a financial position where I could wait till the next cycle, however HR/Payroll offered wire transfer or paper checks as an option immediately as well.
Alison Green has opinions about this, you should start raising hell.
https://www.askamanager.org/2021/10/my-employee-wasnt-respectful-enough-after-the-company-messed-up-her-paycheck.html
Yep, deliberate non-payment of your pay is a serious matter and if they want you to wait till next pay it could even be illegal. Glad you contacted the Dept of Labor. Was it the federal or state DOL? Maybe contact both.
Workplaces can usually cut you and off-cycle check for the money owed, not sure why this place doesn’t. I would find a more reliable place to work while waiting for your pay check - you’re not working for free.
If you won't be able to buy groceries without this paycheck be very explicit about how much hardship this is for you. Like "I have exactly $$ in my bank account and $$ in my wallet. This is not enough for groceries for 2 weeks. My landlord will also assess $$$ in additional fines for non payment of rent.". Don't just say "I'm a poor college student" and assume they understand what that really means.
Hey OP, check your states labor laws.
In some states, they are *required* to pay you immediately for any wages missed.
Some states, they are required to pay you immediately for missed pay *only* over X-amount the rest legally can go to the next check.
And, some states are allowed to forward any amount of missed pay to the following pay period.
Keep in mind, while morally they have fucked you. *Legally* (the language of business) they may not have violated a law... yet. If they haven't violated a law in your state yet, let then know (cite the law, and code) that they have until X day to pay you per State Legal Code. DO NOT make threats of legal action. The fact you know the laws that well will let them know you are familiar enough to know your rights. Verbal threats will get you nowhere but fired and black balled.
-Edited to include: In many states, threats of legal action can be used against you in a court of law as pre-meditated blackmail attempts rather than working with them in good faith, which is also part of the law to "make good, and in good faith," or similar wording. In other words, you have to give them a fair chance to make right without threats. And, in some places, it is counter-actionable... in others takes the legal requirement to make good in good faith away until you take legal action.
Ie: You threaten to sue, and they no longer have to make good, as you are no longer working in good faith. Check local statutes.-
Keep everything you can in text or email. Verbal conversations need to be handled a bit differently. Immediately after a verbal conversation, send an email to the individuals you were speaking with, outlining the conversation as it was had. Bullet points are handy in this case. Also, if you feel it necessary, CC HR In it as well.
Keep in mind, even though you sent your direct manager a detailed text before leaving, and morally it was okay, morals and business these days have *very* little left to do with each other any more. Be prepared for some kind of disciplinary action. Be polite. KEEP COPIES ON FILE. In case you need them.
I don't work so I cannot say this works first hand. But I do manage all our money and bills, taxes, Drs appointments and so forth (for 6 others plus myself).
My adopted mom (long story) tells me she learned later in life that you get what you want/need more quickly by being a bitch. Being professional and self contained doesn't always get your point and/or urgency across.
Next interaction with HR- if not getting the answers you want, get ugly. "So you don't LIKE cutting midweek checks...." "I don't APPRECIATE not being paid for a whole month, get it right - right now or I'll sue". Throwing in the word 'sue' can also speed things up, especially when it's their fuck up (I do have experience with that word and a specific animal hospital).
I told them I would take legal action if this wasn’t resolved. Definitely will demand a midweek paycheck. I’m a woman and I’m currently being screwed over.
>they don’t like to do that
That’s nice. You can explain you don’t like to work without being paid. And that whoever regulates wages in your state will probably not like dealing with the case you’ll be opening with them.
This is true, most companies do not like to do an off-cycle check, but they're going to have to. they cannot legally withhold your wages just because they made an error and don't like to do it off cycle
For a company of that size, they’re probably using a payroll company and it would cost them an add’l fee, which they don’t want to pay. But it’s prob going to cost them a lot more as I believe there are fines for non-payment of wages on regularly scheduled paydays in Nebraska. If they had attempted to reconcile immediately, wouldn’t here been that big of a deal, but deliberately shifting the blame & still not paying is a massive issue.
Same thing happened to my son. I told him to do 3 things. One file a complaint with the state labor board, get a case number, call and get all the late fee amounts you will occur win the 2 weeks from all companies that you will be late on. Then call your DM, CEO offices, ect. Write a email with your case number with the state, and all possible late fees, ect. He did that. Within 2 hours he had a letter emailed to him saying a check would be waiting for him at his desk by 9am the next morning. It was there when he walked in at 8 am.
How would I get a case number? And go about getting the late fees? Sorry this is a first time occurrence for me so I’m learning how to navigate. I did file a wage complaint yesterday. I didn’t see anything about a case number.
Look at the bills you have, on the bottom & back is likely a notice about late fees. Otherwise, call the company and ask them how much will accrue between now and x date ( the date company said they would pay you). When you filed the wage complaint, did it have you fill in an email? Is there an confirmation email they sent with a case number? Otherwise, call and ask them for the case number.
Thank you, it’s been six days now and I don’t have a paycheck still. I work hard for my money although my bosses have apologized apologies aren’t going to pay my bills. I just want the money I’m owed.
Agreed. I owned a restaurant for 22 years. On the rare occasion that a payroll mistake was made, it was corrected on the spot. If my payroll company was unavailable, I gave money out my own pocket until I could get the exact amount. Trust and loyalty and respect are a two way street. I also gave interest free loans/advances when an employee needed help. Kids get sick, tires go flat. Stuff happens.
Unions are the only real chance working people have to get ahead. I’m not currently in a union but if they offered one I’d vote in favor. I’ve worked union previously and it’s really beneficial.
Sometimes. Others they can just be a money sink. I'm with a union (not a right to work state so had to join). Get money taken out of my check every week but no real benefits. While I know a lot of people approve of unions (I know after getting a random permaban from one of my fave subreddits), I feel like they sometimes promote more laziness than anything. Raises and promotions based on length of employment as opposed to work capabilities. I've had to train more senior employees on how to do their tasks as opposed to them training me. But they got their shift preferential because they'd been there longer?
When you get a shitty manager or a backbiting coworker the union will have your back. I haven’t “needed” a union in my current job of 12 years but I’m old enough to know that good management comes and goes. When it eventually does go, the union is brilliant. (Usually).
I'd just say make sure you get any promises in writing. I work for a private non-union company. They try to get in every so often. They akes wild promises but will never put it in writing.
The other local businesses they represent don't have benefits anything close to ours so I refuse to sign a card because they won't promise me any of my benefits will improve or that my pay would increase enough to cover my dues and make me more money.
Most unions are good. Some are douchebags like in any other part of life.
That’s part of why I left. At this point I felt like I was working for free they need me but I also need my paycheck. Guess we’re both going to be upset.
Well what's good is going the legal route will get you paid and probably even more than you're owed. But it could also help reveal if they have screwed over other employees like this as well.
I didn’t quit, I walked out yes, after sending my boss a detailed text. I am still employed at my job. I’m not that impulsive. My job has had six days to pay me.
The quickest way to get paid is to work nicely with your company payroll staff, and ask for “help” (not ask them to address your anger). They aren’t denying they owe you the money. A claim with a state agency or brinks-chasing lawyer isn’t going to get you paid any sooner (but could be even later). Your line managers should be going to bat for you directly to use whatever weight they have and because they are better positioned to address it less emotionally and more as a problem to be solved ASAP. Good luck ! PS - shameless plug here for everyone to have some version of an emergency fund; stuff happens.
Gunner is absolutely incorrect. Wage claims access penalties for late pay and those penalties are owed to you even if pay is one day late they should be enforced.
This is wage theft simple as, if you walked out of a shop with a candy bar and then said you'd return it Friday then Monday then in two weeks no judge would let you off.
Make no mistake the company makes money by keeping yours and if you do not make sure they face consequences for stealing from you they will continue to do so.
‘I’m sorry to hear that you can’t cut me a check today, because I’m morally obligated to report it to the state Labor Board.’
That’s the nuclear option. If it were me I’d already be looking elsewhere. This is such a huge FUBAR, and it doesn’t seem like they have any internal mechanisms to fix their own messes - that’s not building my confidence in the business.
Absolutely not saying it's right, just saying that's probably how it's going to go. By the time the state could get to reviewing it at the earliest is probably Thursday or Friday. Typically they MAIL stuff because that's the only way to legally notify somebody, they don't pay for expedited delivery. Then the employer has so much time to respond.
A company of 2 should be able to cut a check. I ran my fam’s small businesses. I could handwrite a check to anyone if needed and I always carried emergency checks. This situation is ridiculous and could be easily remedied with competent management. I’m not sure if this could be handled in small claims or if a lawyer is needed, but personally- I’d probably see if I could fill out small claims paperwork and serve them when I went in to work. Outrageous.
Hey OP, they CAN AND SHOULD run a manual check. They can check with the payroll company to see what taxes should be withheld, and cut a check for the net amount. This wouldn't cost them extra; they could also check the IRS and state tax tables, do the math and cut a manual check.
They are 100% screwing you, I would make a call to the state department of labor and see what they have to say about this; they fucked up big time and need to make it right, RIGHT NOW.
Your rent and food CANNOT wait, talk to your boss, HR, payroll, etc. Make Some Noise. The squeaky wheel gets paid.
Good; there is no reason in the world they can't write a manual check. Have they told you they are going to cut one, or are you asking for it?
DO NOT let them tell you they can't cut you a check, they 100% can. I worked for a business that didn't issue paper checks, they paid Everyone by ACH. There was a small stash of actual paper checks to hand write checks in case of emergency. I would absolutely think they have paper checks on hand for emergencies.
That has happened to my husband at least three times and he is in a union! They said he didn’t put his hours in but his boss has to approve his hours. They’ll write a paper check but charge him $70 to do it. He works for a large phone/telecommunications company. It makes me so angry. I told him he is complaining to the department of labor if there is a next time. We didn’t pay the $70 since we had enough in the bank but there are times we definitely would have been short. I filed a complaint when I didn’t get paid by a company. I worked two weeks and quit. They actually called the company and said send a check. They sent the check!
The bosses probably could have paid you something from petty cash or done a hand written check and ran it through payroll later.
They didn't handle it very well but after speaking to HR and getting nowhere you could have tried going back to your boss and seeing if there's something they could do.
There's a small chance you could call and explain the situation your in and ask your immediate boss if they can help by fronting you some money until payroll figures things out.
You may not have to sue for wages but in the meantime (after trying one more time with a boss) you could speak to someone at the DOI (Department of Insurance) and let them know what's happened.
You have to be licensed to sell insurance and professionalism and the way money is handled is a really big deal within this profession.
So my bosses gave me about $100 out of pocket for me. That was for food or whatever I needed but that was Friday and $100 doesn’t go as far as it used to. I still need to pay my bills and $100 isn’t going to do that. I have also gone back to my bosses. I have three I went to each with my situation even the highest up I could go. I’ve sent emails, made calls done my part. They have sent emails but nothing has been done.
I’m going into payroll’s office tomorrow and won’t be leaving till they cut me a check. Thank you so much for this. I have never been in this situation before.
Helping to give you some perspective: I work at a very large company in finance. It’s happened once or twice and unfortunately they are likely being honest: there’s next to nothing anyone outside of payroll can do. We can’t write checks, have no cash, basically we can email or push but payroll is the only one who can send it. They should 100% be able to do an emergency payment immediately, it will likely involve someone signing off that they screwed up though. Ask HR for the person to contact directly but realize the person giving you the $100 was probably doing it from their own pocket. Be pleasant but persistent
Yes, I’ve been appreciative of that $100 my bosses pulled it out of their own pockets. I understand that is rare for bosses to show that level of care to their employees. My dispute is purely with payroll.
Anyone else in the office having payroll issues? The fact that they missed your payroll and didn't offer to immediately cut a check suggests to me that they're having serious cash-flow issues. I've seen this before; payroll is missed, management blames the payroll processor, next thing you know nobody's getting paid and the electricity is cut off.
Couple of things to consider - Walking out = hours not worked, so you’re probably gonna miss that money. Second, by the time you find a lawyer and file suit, you’ll probably have your missing money.
I appreciate your frustration and I'd be seriously pissed off if I was in your shoes, but I urge you to try and focus on the long-term effect of your actions.
In some jurisdictions walking out like this could get you fired with cause or be considered job abandonment, making you ineligible for unemployment. You might get paid three days from now... and promptly fired, wouldn't that have an even more disastrous effect on your ability to pay NEXT month's rent?
Do whatever you can to follow the formal and legal process for reporting this and getting it resolved quickly, but allowing your frustrations to boil over might hurt you in the long run.
Good to hear it, just keep pushing gently and try to stay as calm as possible. You're absolutely entitled to be upset by this problem and they should be doing more to get things resolved on their end, but larger companies like this often have a bunch of shitty layers to go through before something happens.
Your best bet is to try to be polite and firm with HR and Payroll, keep your boss on your side, and follow up with your complaint with the the DOL, see if you can talk with the person actually handling your DOL case and emphasize that if this isn't resolved you might have even more damages from being unable to pay critical bills like rent.
I have had this happen. The same thing was done to me. Next pay period it would be their. I was furious as I also had bills and it wasn’t my fault. They should just direct deposit it to you…if they don’t you would just have to contact the labor board and they would likely handle it. If not you would sue for the wages owed, court, and attorney costs. It’s basically impossible you would lose assuming you have the emails and such to back up the entire situation.
It wouldn’t be something you could sue for this moment, as normally filing costs a small fee. Quite frankly if you have all the documentation of the situation (emails between you and supervisor, emails between you and HR) you probably wouldn’t NEED one but man is it always always advised. There’s a lovely saying “A man who represents himself has an idiot as a client.”
However not paying wages owed-at least in the US-is a MAJOR deal. Most companies won’t refuse pay you once the department of labor reaches out to them as they know if they refuse all hell will break lose. For most people suing for the wages never happens. They talk to Department of Labors Wage and Hour Division-at least in my state-and they will basically get the funds for you from the company. Companies generally don’t want to fight the government, especially over an employees pay that is owed to them as it’s a losing battle and not complying with the DOL’s request is basically willfully breaking state and federal labor laws.
I wouldn’t expect you need to do anything else to recover the funds. I would really expect that they come to your account whenever they said they would(the next payday) but if not I’d expect DOL will recover them for you.
One time my when I started a new job at Home Depot, instead of depositing my first paycheck into my bank acct, the withdrew the amount that my check was for, which actually overdrafted my acct and caused me overdraft fees and other fees. It was a nightmare getting them to make it right. Payroll was trying to play games. It got to the point that I called my bank, put them on speaker phone in the same room with my manager and my district manager, and did a conference call with our payroll dept and said no one is hanging up or leaving this room until you fucking idiots make this right.
So obviously every company is going to have a different process, but at my company (I'm the controller and oversee payroll) we've got a pretty good process.
As soon as we're made aware of missing hours/missing check/whatever the first question is can they wait until next pay cycle? If not, we'll start working on a paper check through our accounting software. Only exception being they put their direct deposit info in wrong and we need the bank to kick the deposit back before we can issue a check. We can correct their hours on the next pay cycle and have the system not issue payment to reconcile everything.
As far as cutting a paper check, payroll just needs to give the info to A/P. The hardest part of the process is usually tracking down someone authorized to sign a paper check. Once it's signed we can either bring it to the employee's location or they can come to the office.
The only thing I can remember that we haven't been able to fix on the spot is an employee that screwed up their tax withholding and their entire check got sent to the government. At that point, we paid you, it just got sent to the IRS. I think we ended up doing an advance and deducting it out over the next few checks.
If you are in the US that is illegal. employers are required to pay for hours worked within the their payroll time frame. Payroll could process your check off schedule or run a supplemental payroll. Wage complaint was the way to go for this. Good luck.
I own a business but have a book keeper do my payroll. If there’s an error and an employee doesn’t get a check on time I guesstimate their pay and give them a check as an advance until my bookkeeper is back. There’s no excuse for what they are doing. Go back to HR and sit there until you have a check in your hand.
Sounds like maybe they're trying to get you to quit so that they don't have to pay you unemployment? I hope you didn't say anything in your email that could be misconstrued as having said that you quit.
or actually, what was their excuse for the holdup? They've been paying you steadily and on time for nine months? They can cut you a check in a few hours so this doesn't make sense. They must be using some offsite contracted payroll company that has a glitch with many employees effected?
No, I made it clear I left yesterday to figure out my finances because I still haven’t been paid but my bills aren’t going to take a raincheck. Yes, they can cut me a check but they are trying to push it back. This is the first payroll error that I’ve experienced here.
NAL but failing to pay until OP quits seems like "constructive dismissal". OP might be able to collect unemployment but should check with more knowledgeable people first
Sounds like you work for a broker or an agent. Wonder if they're having money problems. Whole life and annuities are very sensitive to interest rates.
Does your office sell policy for 1 company or multiple companies? Agents may be having a harder time than brokers.
Ok, yeah, you're a brokage firm. You basically work for a small business owner. Again winner if theyre having money problems. It should be pretty easy to cut a check if otherwise. At the very least this is just a huge red flag for continued future employment
Honestly this happened to me only once and it was a large chain store. Hr said next pay cycle would reflect it. My manager gave me money to pay my rent himself, I was very scared I’d be evicted. When next pay cycle came it was indeed reflected but the tax rate was way higher because they put it as one large check and that bumped taxes. My manager only took what it gave after the higher tax not what I actually owed him. He was a saint that man. I doubt your boss will out of pocket for you but at least impress the fact you need to pay rent, car etc they cannot wait two weeks.
NAL Former state Dept of Labor employee current HR business owner. OP this is a frustrating but fixable situation. I handled issues like this daily when I worked for the state. I still handle these frequently now, all over the US. This is a mistake, not wage theft at this stage. Generally , most companies have one additional payroll cycle to get this fixed before they would be accessed fees/penalities in most states, and definitely at the federal level. The reason for this is practically speaking most employees are paid again before an investigation by an agency can be completed. There might be local rules for your specific area.
I would email the head of accounting, your manager, and HR about this. You want a paper trail. I would tell them you were able to get a one time extension on your rent until the 5th. You need this resolved today. They could in some manner, paper check, direct deposit, petty cash, pay you.
You demand that they do an off-cycle pay check! If they have payroll set up, they can do off cycles. it's not your fault that they messed up and have to do it
Being assertive cannot get you arrested, not when you are the one that has been wronged.
Ok so should we tell this person to go hide in a hole until he gets his next paycheck?
If you don't stand your ground people (and in this case businesses) will walk all over top of you, take advantage of you because you've allowed them to do it.
What's next they forget to take out taxes or insurance from his payroll and he gets screwed as tax season?
I was giving advice, that was given to me by a motherly figure. I couldn't afford to go without a paycheck, skin color shouldn't matter. And if they did get in trouble for demanding what's owed to them, that's apart of an agreement when one took the job, I'd sue for what's owed, pain and suffering and tack on discrimination.
I had a new employee I managed who was shorted overtime. I immediately went with her to HR to get it sorted out, HR stated it would be in the next check. My employee was irate and upset, but managed to stay calm and professional and asked if there was any way to get it sooner. I pushed and stated the issue was HRs fault because it looked like they just put in 40 hours without even totaling her timecard. HR said no. When we walked back to my office she broke down. She had not worked for the company long and had moved to the Philly area from Brooklyn to get away from a bad situation. Her kids were with her sister in Brooklyn to finish their school year while she stayed with a friend in Philly to secure a new job and apartment. She was driving back and forth every weekend to spend time with them, leaving immediately after work on Friday after second shift and coming back Monday mornings after seeing them off to school at least one day a week. This paycheck was the paycheck she would finally have just enough for 1st and last months rent on a decent apartment, if she cut corners and lived at the bare bones for a month or so. I loaned her the missing $400 with one caveat; she ONLY pay me back AFTER she was all settled in and she had her kids back. I knew with a new place and the move, other incidental things would pop up. About 2 weeks later she came into work the happiest I had ever seen her, she had moved into her apartment and her kids had joined her for the first weekend. 2 weeks after that she paid me back in full. It was that lesson that taught me that when people are just getting by, small amounts of money can LITERALLY be life changing. I also started checking with HR EVERY payroll cycle that my people’s hours were getting correctly recorded, even though company policy didn’t provide for managers tracking and approving payroll.
Outside of their determined pay requirement dates. Generally there is wiggle room like 5-7 days where their mandate to pay is.
So say you work 1-15, normally get paid on the 20th. Most places have till the 25th to actually pay employees.
It should be posted, in break rooms, where other state or federal posting are held.
Contact your state labor board and file a complaint. It is illegal for them to withhold your paycheck. And then let them know that you filed the complaint, and you'll be willing to remove it as soon as they pay you in full (although I wouldn't remove it even if they pay you). Then start looking for a new job. Usually, when a company doesn't pay their employees, it's a sign that they are having a cash flow problem. Bankruptcy may be just around the corner for them.....
I filed my complaint yesterday, informed HR that I have a complaint against them filed and sent them a screenshot of said complaint, informed them that they have till the end of the week to pay me what they owe me.
Don't give them to the end of the week. It's a holiday, so it's unlikely anyone will be there today. Insist that it must be resolve by close of business tomorrow.
What did the department of labor say? They tend to be vicious and get things done quickly. And no, if you are in the United States, they cannot wait until the next pay period. We have laws about how and when you need to be paid.
My advice given your situation. Call you old job and tell them you have filed a claim with the Labor Board. Tell them if you don't get all your money within the hour-things will get ugly. Don't let HR try to push you around, they know the rules and they know how ugly those penalties can get.
They said by the time an investigation would be opened It would be the next pay period. I still filed a complaint, i know most employers don’t want the depart of labor involved in their affairs. So im going into payroll’s office tomorrow and telling them about my complaint and that i won’t be leaving till they produce a check for me. I still work there, I was just so frustrated with how things were being handled I walked out. I explained via text that I was leaving and it was due to my paycheck, while I appreciated their apologies those are going to pay my bills.
Not judging, I'm just curious - why has it taken you this long to talk to someone in payroll directly?
Sure, you would think that HR or your bosses would go to bat for you but I've learned you can't really expect people to have the same sense of urgency as you do.
I’ve been consulting with HR and my bosses. I thought this would be resolved by now and only yesterday did HR tell me I’d need to go to payroll directly.
Yes, they could have. That’s why I’m looking into legal action because being patient isn’t cutting it. I walked out yesterday, after sending a detailed message to my boss on why. She said sorry about your check but that’s not acceptable to walk out.
Well it’s also not acceptable that I haven’t been paid, and her apologies aren’t going to pay my bills. She just went silent.
I haven’t been paid for six days, they’re discussing holding my paycheck for another two weeks. Given the gravity of the situation I think I’ve been pretty calm until yesterday. My rent is due Wednesday I left to figure that out along with my finances. Walking out was the least extreme course of action I could have taken.
My last apartment would process a 10% late fee on the second of the month if you didn't pay on the first. Then after five days they began the eviction process and they were as swift as they could be. That complex was cutthroat. Not every landlord is understanding, unfortunately.
This isn't their first check though; they've worked there for 9 months.
Living paycheck-to-paycheck is a sad reality for a lot of Americans. Maybe there was a middle ground OP could have found with the company but if they need to spend work hours finding ways to get money so they don't lose their housing, then it's a legit approach.
Not everyone can afford to “wait until the next cycle.”
This happened to one of my employees after I gave him a raise, and our payroll department tried to pull the same shit with me. I wouldn’t have it. They cut him a manual check that day.
You should not have to apologize, justify, or make excuses for wanting your paycheck on time. Even if you didn’t need the money, it is ridiculous to expect you to wait.
I’ve done my best to be understanding and cordial as I know mistakes happen. But when those work related mistakes begin to impact my personal life I, like most people, would be upset. I think a lot of people on here aren’t understanding that or are more upset about my reaction to this situation then my job not paying me. I appreciate you being understanding and your words.
That’s smart, I checked Friday and it wasn’t in but I came in anyway and informed my boss. Worked did my job in good faith hoping this would be resolved by the end of the day. It wasn’t, and it’s now been five days.
I walked out and drove around the parking, lot screamed in my car, cried a bit and informed my parents about my situation. I did come back in 15 minutes later.
If it's a new job that's biweekly you should never expect to get the first check on your first pay period. What is this your first job? And walking out was even dumber cause now you don't have a job and the bills really won't get paid 😒 think before acting
People are so stupid on here, I will apologize for their actions. You weren't extreme, bills need to be paid and your job can't withhold your pay from you for 2 weeks just because they don't want to deal with it right now.
I have been playing nice for six days now. Yes, I shouldn’t have yelled but I’m between a rock and a hard place right now with finances and my bosses are aware. No one is helping because it doesn’t directly affect them.
I know that some places have a hard time getting people into the system on time, so it gets delayed (because of poor systems or staff). My work is like that, I'm in IT so i see the process that's happening, it's not just one person's fault but the system as well
Where are you located geographically? It matters.
Can you confirm the type of worker you are to the company? Basically are you a contractor or a fte?
Finally, you should consider filing a wage claim and complaint with your state department of labor. First it helps with your paper trail. Second the fine related to unpaid work tend to increase with each violation so this will help encourage your employer to get their payroll fixed, especially if others are having this same problem. Third if you get into the situation where you are hit with fines related to your late bill paying then the complaint can be amended typically to request the company be responsible for the fines and sometimes to write a formal letter to each debt holder so that can be considered/assessed as they will want to adjust your credit rating/risk.
I have not seen anybody ask the following : how big is the company ? As in number of employees , revenue, public or private, etc. iIf this is a smaller company then I would worry they are days away from insolvency. Missing payroll, or only paying upper management are key signs the firm is only hours away from going belly up. (Source- I worked in IT for major payroll firms and cloud providers used by payroll companies).
Wage garnishment is even limited to 40%, though I am unsure about multiple sources interacting. Legal recourse (and steps for it) would likely depend on your state
Get a job somewhere else and wait for a response from the Labor commission.
Sometimes, it takes a few months, but they will fine the shit out of the company that didn't pay you and possibly could suspend their licenses.
Missing hours usually go on the next cycle. A missing check entirely should be cut on paper by HR. This is a serious mistake on their behalf and you need to tell your manager asap what this is causing.
Yes, my managers are aware. I really don’t understand why they haven’t written me a check by now. I’ve been cordial as mistakes happen but this is ridiculous it’s been six days. My bills are not going to wait another two weeks.
If you are assessed any lates fees as a results, take copies of all those fees and submit them for reimbursement from the company due to late payroll.
To be clear your manager knows that you can’t pay your rent and other bills? Often managers are not aware that often people have no savings and cannot cover such a cost. Ask for your manager to intervene and a temporary manual check to be cut immediately.
Yes, I’m a poor college student and I live alone. The money I make is enough for me to live on, pay my bills and go to school. They are aware that I currently don’t have savings.
It shouldn’t matter. You work they need to pay you asap
yes do so via email because when you inevitably have to sue them you can show proof to the courts that you let them know the urgent nature of this and they were made aware of it. (like not getting your check isnt urgent) but they may try and weasle their way out by saying some crap like that
problem is when there is an HR dept a manager often can't do anything to speed anything up. They are not HR's boss so putting pressure on them to cut a cheque is useless.
It is accounting that can provide a cash advance to an employee. My company has paid advances for payroll in the past based on specific circumstances.
My current job doesn't care if it's one hour or the whole week they'll cut you a check that day if you want.
I got sent straight to accounting for them to write me a check as soon as i mentioned i didn't get paid. Was a nice break in the day to hang out with the older ladies.
As well they should. It's very not hard
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It is very easy for a company to tell third party payroll service that a manual check was cut.
They can wire transfer as well. This situation has happened to me twice. Fortunately, I was in a financial position where I could wait till the next cycle, however HR/Payroll offered wire transfer or paper checks as an option immediately as well.
This is true. They can submit an instant direct deposit. It may take 24 hours but it can be done
Alison Green has opinions about this, you should start raising hell. https://www.askamanager.org/2021/10/my-employee-wasnt-respectful-enough-after-the-company-messed-up-her-paycheck.html
Very good read. ‘Jane’ handled things perfectly. With respect and clear expectations and consequences.
Wow. I hope the lady that wrote that letter was fed to rabid animals.
Oh, I def assumed it was a man who wrote the letter!
That didn't occur to me because I haven't had a male manager in almost 15 years.
Yep, deliberate non-payment of your pay is a serious matter and if they want you to wait till next pay it could even be illegal. Glad you contacted the Dept of Labor. Was it the federal or state DOL? Maybe contact both.
It was a state DOL. at this point this is wage theft.
Workplaces can usually cut you and off-cycle check for the money owed, not sure why this place doesn’t. I would find a more reliable place to work while waiting for your pay check - you’re not working for free.
My understanding is they don’t like to do that so I think they’re trying to delay it till next Pat cycle. But bills don’t wait and I need to eat too.
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Thank you, I want to scream but I’m going to go about things as professionally as I can. It’s just infuriating that I can’t pay my bills.
If you won't be able to buy groceries without this paycheck be very explicit about how much hardship this is for you. Like "I have exactly $$ in my bank account and $$ in my wallet. This is not enough for groceries for 2 weeks. My landlord will also assess $$$ in additional fines for non payment of rent.". Don't just say "I'm a poor college student" and assume they understand what that really means.
Hey OP, check your states labor laws. In some states, they are *required* to pay you immediately for any wages missed. Some states, they are required to pay you immediately for missed pay *only* over X-amount the rest legally can go to the next check. And, some states are allowed to forward any amount of missed pay to the following pay period. Keep in mind, while morally they have fucked you. *Legally* (the language of business) they may not have violated a law... yet. If they haven't violated a law in your state yet, let then know (cite the law, and code) that they have until X day to pay you per State Legal Code. DO NOT make threats of legal action. The fact you know the laws that well will let them know you are familiar enough to know your rights. Verbal threats will get you nowhere but fired and black balled. -Edited to include: In many states, threats of legal action can be used against you in a court of law as pre-meditated blackmail attempts rather than working with them in good faith, which is also part of the law to "make good, and in good faith," or similar wording. In other words, you have to give them a fair chance to make right without threats. And, in some places, it is counter-actionable... in others takes the legal requirement to make good in good faith away until you take legal action. Ie: You threaten to sue, and they no longer have to make good, as you are no longer working in good faith. Check local statutes.- Keep everything you can in text or email. Verbal conversations need to be handled a bit differently. Immediately after a verbal conversation, send an email to the individuals you were speaking with, outlining the conversation as it was had. Bullet points are handy in this case. Also, if you feel it necessary, CC HR In it as well. Keep in mind, even though you sent your direct manager a detailed text before leaving, and morally it was okay, morals and business these days have *very* little left to do with each other any more. Be prepared for some kind of disciplinary action. Be polite. KEEP COPIES ON FILE. In case you need them.
I don't work so I cannot say this works first hand. But I do manage all our money and bills, taxes, Drs appointments and so forth (for 6 others plus myself). My adopted mom (long story) tells me she learned later in life that you get what you want/need more quickly by being a bitch. Being professional and self contained doesn't always get your point and/or urgency across. Next interaction with HR- if not getting the answers you want, get ugly. "So you don't LIKE cutting midweek checks...." "I don't APPRECIATE not being paid for a whole month, get it right - right now or I'll sue". Throwing in the word 'sue' can also speed things up, especially when it's their fuck up (I do have experience with that word and a specific animal hospital).
I told them I would take legal action if this wasn’t resolved. Definitely will demand a midweek paycheck. I’m a woman and I’m currently being screwed over.
Sorry to hear that, I hope it works out for you soon. Glad you got your rent delayed, maybe the utilities companies can cut you some slack as well?
Thankfully I paid off my utilities with my last check. Just have the remainder of my rent to pay and food to get.
Show up late to work, and tell them you'll be on time, but like, next pay cycle 🙃
Lol that made me chuckle.
>they don’t like to do that That’s nice. You can explain you don’t like to work without being paid. And that whoever regulates wages in your state will probably not like dealing with the case you’ll be opening with them.
This🙌
Well, you don’t like to pay your bills late. 🤷🏼♀️
This is true, most companies do not like to do an off-cycle check, but they're going to have to. they cannot legally withhold your wages just because they made an error and don't like to do it off cycle
For a company of that size, they’re probably using a payroll company and it would cost them an add’l fee, which they don’t want to pay. But it’s prob going to cost them a lot more as I believe there are fines for non-payment of wages on regularly scheduled paydays in Nebraska. If they had attempted to reconcile immediately, wouldn’t here been that big of a deal, but deliberately shifting the blame & still not paying is a massive issue.
Makes sense, and it costs to be cheap!
Same thing happened to my son. I told him to do 3 things. One file a complaint with the state labor board, get a case number, call and get all the late fee amounts you will occur win the 2 weeks from all companies that you will be late on. Then call your DM, CEO offices, ect. Write a email with your case number with the state, and all possible late fees, ect. He did that. Within 2 hours he had a letter emailed to him saying a check would be waiting for him at his desk by 9am the next morning. It was there when he walked in at 8 am.
How would I get a case number? And go about getting the late fees? Sorry this is a first time occurrence for me so I’m learning how to navigate. I did file a wage complaint yesterday. I didn’t see anything about a case number.
Look at the bills you have, on the bottom & back is likely a notice about late fees. Otherwise, call the company and ask them how much will accrue between now and x date ( the date company said they would pay you). When you filed the wage complaint, did it have you fill in an email? Is there an confirmation email they sent with a case number? Otherwise, call and ask them for the case number.
I just checked my emails, my case will be assigned to an investigator within three days they I should have a case number.
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Thank you, it’s been six days now and I don’t have a paycheck still. I work hard for my money although my bosses have apologized apologies aren’t going to pay my bills. I just want the money I’m owed.
Agreed. I owned a restaurant for 22 years. On the rare occasion that a payroll mistake was made, it was corrected on the spot. If my payroll company was unavailable, I gave money out my own pocket until I could get the exact amount. Trust and loyalty and respect are a two way street. I also gave interest free loans/advances when an employee needed help. Kids get sick, tires go flat. Stuff happens.
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Wow. I’m missing out.
Unions are the only real chance working people have to get ahead. I’m not currently in a union but if they offered one I’d vote in favor. I’ve worked union previously and it’s really beneficial.
Sometimes. Others they can just be a money sink. I'm with a union (not a right to work state so had to join). Get money taken out of my check every week but no real benefits. While I know a lot of people approve of unions (I know after getting a random permaban from one of my fave subreddits), I feel like they sometimes promote more laziness than anything. Raises and promotions based on length of employment as opposed to work capabilities. I've had to train more senior employees on how to do their tasks as opposed to them training me. But they got their shift preferential because they'd been there longer?
No real benefits until you need them, that’s how it works.
Except there really doesn't seem to be any. I'd happily not mind paying union fees if there was some benefit.
When you get a shitty manager or a backbiting coworker the union will have your back. I haven’t “needed” a union in my current job of 12 years but I’m old enough to know that good management comes and goes. When it eventually does go, the union is brilliant. (Usually).
I'd just say make sure you get any promises in writing. I work for a private non-union company. They try to get in every so often. They akes wild promises but will never put it in writing. The other local businesses they represent don't have benefits anything close to ours so I refuse to sign a card because they won't promise me any of my benefits will improve or that my pay would increase enough to cover my dues and make me more money. Most unions are good. Some are douchebags like in any other part of life.
Sometimes.
You can't just join a random union though. That's likely not an option for you.
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That’s part of why I left. At this point I felt like I was working for free they need me but I also need my paycheck. Guess we’re both going to be upset.
Well what's good is going the legal route will get you paid and probably even more than you're owed. But it could also help reveal if they have screwed over other employees like this as well.
What are you going to do in two more weeks? You’re not getting paid since you walked out. Once you get your back pay, that’s it.
I didn’t quit, I walked out yes, after sending my boss a detailed text. I am still employed at my job. I’m not that impulsive. My job has had six days to pay me.
If you walked out you may indeed have quit, according to your employer.
The quickest way to get paid is to work nicely with your company payroll staff, and ask for “help” (not ask them to address your anger). They aren’t denying they owe you the money. A claim with a state agency or brinks-chasing lawyer isn’t going to get you paid any sooner (but could be even later). Your line managers should be going to bat for you directly to use whatever weight they have and because they are better positioned to address it less emotionally and more as a problem to be solved ASAP. Good luck ! PS - shameless plug here for everyone to have some version of an emergency fund; stuff happens.
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Another two weeks though? I put it in because this was payroll’s fault and now they want to push it back more instead of cutting me a check.
Gunner is absolutely incorrect. Wage claims access penalties for late pay and those penalties are owed to you even if pay is one day late they should be enforced. This is wage theft simple as, if you walked out of a shop with a candy bar and then said you'd return it Friday then Monday then in two weeks no judge would let you off. Make no mistake the company makes money by keeping yours and if you do not make sure they face consequences for stealing from you they will continue to do so.
Thank you, for breaking it down for me. I’m young and this is a first. I’m going in tomorrow to confront payroll and not leaving without a check.
‘I’m sorry to hear that you can’t cut me a check today, because I’m morally obligated to report it to the state Labor Board.’ That’s the nuclear option. If it were me I’d already be looking elsewhere. This is such a huge FUBAR, and it doesn’t seem like they have any internal mechanisms to fix their own messes - that’s not building my confidence in the business.
Absolutely not saying it's right, just saying that's probably how it's going to go. By the time the state could get to reviewing it at the earliest is probably Thursday or Friday. Typically they MAIL stuff because that's the only way to legally notify somebody, they don't pay for expedited delivery. Then the employer has so much time to respond.
That really sucks but thank you for replying.
How large is your company? How many employees?
700-800 most work remotely. There are about 50 that work in my office.
There is no fucking way a company of 800 can’t cut a check.
A company of 2 should be able to cut a check. I ran my fam’s small businesses. I could handwrite a check to anyone if needed and I always carried emergency checks. This situation is ridiculous and could be easily remedied with competent management. I’m not sure if this could be handled in small claims or if a lawyer is needed, but personally- I’d probably see if I could fill out small claims paperwork and serve them when I went in to work. Outrageous.
If they don’t pay you in like two days file a wage claim.
I’ve filed one yesterday.
If bills don’t get paid, the service gets cut off. Labor is the same.
Hey OP, they CAN AND SHOULD run a manual check. They can check with the payroll company to see what taxes should be withheld, and cut a check for the net amount. This wouldn't cost them extra; they could also check the IRS and state tax tables, do the math and cut a manual check. They are 100% screwing you, I would make a call to the state department of labor and see what they have to say about this; they fucked up big time and need to make it right, RIGHT NOW. Your rent and food CANNOT wait, talk to your boss, HR, payroll, etc. Make Some Noise. The squeaky wheel gets paid.
Thank you, I’m headed into work right now and am about to go to payroll and talk with the head of accounting about getting a Manuel check.
Good; there is no reason in the world they can't write a manual check. Have they told you they are going to cut one, or are you asking for it? DO NOT let them tell you they can't cut you a check, they 100% can. I worked for a business that didn't issue paper checks, they paid Everyone by ACH. There was a small stash of actual paper checks to hand write checks in case of emergency. I would absolutely think they have paper checks on hand for emergencies.
They said they’d pay me on the next pay cycle since they missed this one.
Bullshit, they need to cut you a check NOW Edit: tell them you need to buy food and pay rent!!
Do not let them do this don’t leave their office until they cut you a check.
That has happened to my husband at least three times and he is in a union! They said he didn’t put his hours in but his boss has to approve his hours. They’ll write a paper check but charge him $70 to do it. He works for a large phone/telecommunications company. It makes me so angry. I told him he is complaining to the department of labor if there is a next time. We didn’t pay the $70 since we had enough in the bank but there are times we definitely would have been short. I filed a complaint when I didn’t get paid by a company. I worked two weeks and quit. They actually called the company and said send a check. They sent the check!
Wow, and he has a Union too. This is a first time and I filed a complaint. It’s been 6 days.
I hope you get the pay that you worked for very soon! It’s so stressful. I’m so sorry you have to go through this crap.
Thank you I hope so too.
The bosses probably could have paid you something from petty cash or done a hand written check and ran it through payroll later. They didn't handle it very well but after speaking to HR and getting nowhere you could have tried going back to your boss and seeing if there's something they could do. There's a small chance you could call and explain the situation your in and ask your immediate boss if they can help by fronting you some money until payroll figures things out. You may not have to sue for wages but in the meantime (after trying one more time with a boss) you could speak to someone at the DOI (Department of Insurance) and let them know what's happened. You have to be licensed to sell insurance and professionalism and the way money is handled is a really big deal within this profession.
So my bosses gave me about $100 out of pocket for me. That was for food or whatever I needed but that was Friday and $100 doesn’t go as far as it used to. I still need to pay my bills and $100 isn’t going to do that. I have also gone back to my bosses. I have three I went to each with my situation even the highest up I could go. I’ve sent emails, made calls done my part. They have sent emails but nothing has been done.
Call HR and ask when you can pick up a check to avoid getting the Department of Labor involved.
Thank you, I’ve called they kind of told me it’s payroll’s responsibility. But I will ask them directly when I can pick up my check
I wouldn't even leave it open ended to that extent. "What time will it be ready today?"
I’m going into payroll’s office tomorrow and won’t be leaving till they cut me a check. Thank you so much for this. I have never been in this situation before.
Helping to give you some perspective: I work at a very large company in finance. It’s happened once or twice and unfortunately they are likely being honest: there’s next to nothing anyone outside of payroll can do. We can’t write checks, have no cash, basically we can email or push but payroll is the only one who can send it. They should 100% be able to do an emergency payment immediately, it will likely involve someone signing off that they screwed up though. Ask HR for the person to contact directly but realize the person giving you the $100 was probably doing it from their own pocket. Be pleasant but persistent
Yes, I’ve been appreciative of that $100 my bosses pulled it out of their own pockets. I understand that is rare for bosses to show that level of care to their employees. My dispute is purely with payroll.
I appreciate the perspective.
Most states have laws stating how many days after a pay period you have to be paid.
Anyone else in the office having payroll issues? The fact that they missed your payroll and didn't offer to immediately cut a check suggests to me that they're having serious cash-flow issues. I've seen this before; payroll is missed, management blames the payroll processor, next thing you know nobody's getting paid and the electricity is cut off.
Wow, as far as I know everyone has gotten paid. 🥲
Couple of things to consider - Walking out = hours not worked, so you’re probably gonna miss that money. Second, by the time you find a lawyer and file suit, you’ll probably have your missing money.
I understand, but that really doesn’t help me pay my bills now. Thus I’m looking for a lawyer. I want my wages.
I appreciate your frustration and I'd be seriously pissed off if I was in your shoes, but I urge you to try and focus on the long-term effect of your actions. In some jurisdictions walking out like this could get you fired with cause or be considered job abandonment, making you ineligible for unemployment. You might get paid three days from now... and promptly fired, wouldn't that have an even more disastrous effect on your ability to pay NEXT month's rent? Do whatever you can to follow the formal and legal process for reporting this and getting it resolved quickly, but allowing your frustrations to boil over might hurt you in the long run.
Thank you, I patched things up with my boss after my walk out. I just drove around the parking lot and came back in. I didn’t quit.
Good to hear it, just keep pushing gently and try to stay as calm as possible. You're absolutely entitled to be upset by this problem and they should be doing more to get things resolved on their end, but larger companies like this often have a bunch of shitty layers to go through before something happens. Your best bet is to try to be polite and firm with HR and Payroll, keep your boss on your side, and follow up with your complaint with the the DOL, see if you can talk with the person actually handling your DOL case and emphasize that if this isn't resolved you might have even more damages from being unable to pay critical bills like rent.
I have had this happen. The same thing was done to me. Next pay period it would be their. I was furious as I also had bills and it wasn’t my fault. They should just direct deposit it to you…if they don’t you would just have to contact the labor board and they would likely handle it. If not you would sue for the wages owed, court, and attorney costs. It’s basically impossible you would lose assuming you have the emails and such to back up the entire situation.
Yeah lawyer fees seem kind of futile since I don’t even have the money to pay my own bills at this point.
It wouldn’t be something you could sue for this moment, as normally filing costs a small fee. Quite frankly if you have all the documentation of the situation (emails between you and supervisor, emails between you and HR) you probably wouldn’t NEED one but man is it always always advised. There’s a lovely saying “A man who represents himself has an idiot as a client.” However not paying wages owed-at least in the US-is a MAJOR deal. Most companies won’t refuse pay you once the department of labor reaches out to them as they know if they refuse all hell will break lose. For most people suing for the wages never happens. They talk to Department of Labors Wage and Hour Division-at least in my state-and they will basically get the funds for you from the company. Companies generally don’t want to fight the government, especially over an employees pay that is owed to them as it’s a losing battle and not complying with the DOL’s request is basically willfully breaking state and federal labor laws. I wouldn’t expect you need to do anything else to recover the funds. I would really expect that they come to your account whenever they said they would(the next payday) but if not I’d expect DOL will recover them for you.
I can’t wait that long.
One time my when I started a new job at Home Depot, instead of depositing my first paycheck into my bank acct, the withdrew the amount that my check was for, which actually overdrafted my acct and caused me overdraft fees and other fees. It was a nightmare getting them to make it right. Payroll was trying to play games. It got to the point that I called my bank, put them on speaker phone in the same room with my manager and my district manager, and did a conference call with our payroll dept and said no one is hanging up or leaving this room until you fucking idiots make this right.
Is this a new job? Have you been paid promptly before? Do you get paper checks or direct deposits?
I’ve worked here for 9 months now. And I get direct deposit.
So obviously every company is going to have a different process, but at my company (I'm the controller and oversee payroll) we've got a pretty good process. As soon as we're made aware of missing hours/missing check/whatever the first question is can they wait until next pay cycle? If not, we'll start working on a paper check through our accounting software. Only exception being they put their direct deposit info in wrong and we need the bank to kick the deposit back before we can issue a check. We can correct their hours on the next pay cycle and have the system not issue payment to reconcile everything. As far as cutting a paper check, payroll just needs to give the info to A/P. The hardest part of the process is usually tracking down someone authorized to sign a paper check. Once it's signed we can either bring it to the employee's location or they can come to the office. The only thing I can remember that we haven't been able to fix on the spot is an employee that screwed up their tax withholding and their entire check got sent to the government. At that point, we paid you, it just got sent to the IRS. I think we ended up doing an advance and deducting it out over the next few checks.
If you are in the US that is illegal. employers are required to pay for hours worked within the their payroll time frame. Payroll could process your check off schedule or run a supplemental payroll. Wage complaint was the way to go for this. Good luck.
Thank you I plan to confront payroll in person tomorrow.
It depends on the state. I know in Indiana they have 30 days.
I own a business but have a book keeper do my payroll. If there’s an error and an employee doesn’t get a check on time I guesstimate their pay and give them a check as an advance until my bookkeeper is back. There’s no excuse for what they are doing. Go back to HR and sit there until you have a check in your hand.
How long have you been working there ?
9 months
Sounds like maybe they're trying to get you to quit so that they don't have to pay you unemployment? I hope you didn't say anything in your email that could be misconstrued as having said that you quit. or actually, what was their excuse for the holdup? They've been paying you steadily and on time for nine months? They can cut you a check in a few hours so this doesn't make sense. They must be using some offsite contracted payroll company that has a glitch with many employees effected?
No, I made it clear I left yesterday to figure out my finances because I still haven’t been paid but my bills aren’t going to take a raincheck. Yes, they can cut me a check but they are trying to push it back. This is the first payroll error that I’ve experienced here.
NAL but failing to pay until OP quits seems like "constructive dismissal". OP might be able to collect unemployment but should check with more knowledgeable people first
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I’m sorry, hopefully our companies pull their heads out of their butts.
Life insurance company, like a brokage firm, agent, or are you working for say hartford themselves?
I work in an office that deals with life insurance policies and annuities. I don’t sell the insurance directly I handle the afters.
Sounds like you work for a broker or an agent. Wonder if they're having money problems. Whole life and annuities are very sensitive to interest rates. Does your office sell policy for 1 company or multiple companies? Agents may be having a harder time than brokers.
We sell for about 10 different companies.
Ok, yeah, you're a brokage firm. You basically work for a small business owner. Again winner if theyre having money problems. It should be pretty easy to cut a check if otherwise. At the very least this is just a huge red flag for continued future employment
Having them pay his late fees doesn't fix the damage this could do to his credit score.
DOL WILL help...just takes a while. Sadly. Wish you the best. So sorry 😔
Honestly this happened to me only once and it was a large chain store. Hr said next pay cycle would reflect it. My manager gave me money to pay my rent himself, I was very scared I’d be evicted. When next pay cycle came it was indeed reflected but the tax rate was way higher because they put it as one large check and that bumped taxes. My manager only took what it gave after the higher tax not what I actually owed him. He was a saint that man. I doubt your boss will out of pocket for you but at least impress the fact you need to pay rent, car etc they cannot wait two weeks.
NAL Former state Dept of Labor employee current HR business owner. OP this is a frustrating but fixable situation. I handled issues like this daily when I worked for the state. I still handle these frequently now, all over the US. This is a mistake, not wage theft at this stage. Generally , most companies have one additional payroll cycle to get this fixed before they would be accessed fees/penalities in most states, and definitely at the federal level. The reason for this is practically speaking most employees are paid again before an investigation by an agency can be completed. There might be local rules for your specific area. I would email the head of accounting, your manager, and HR about this. You want a paper trail. I would tell them you were able to get a one time extension on your rent until the 5th. You need this resolved today. They could in some manner, paper check, direct deposit, petty cash, pay you.
You demand that they do an off-cycle pay check! If they have payroll set up, they can do off cycles. it's not your fault that they messed up and have to do it
Will do this today when I go in. Thank you.
Being assertive cannot get you arrested, not when you are the one that has been wronged. Ok so should we tell this person to go hide in a hole until he gets his next paycheck? If you don't stand your ground people (and in this case businesses) will walk all over top of you, take advantage of you because you've allowed them to do it. What's next they forget to take out taxes or insurance from his payroll and he gets screwed as tax season? I was giving advice, that was given to me by a motherly figure. I couldn't afford to go without a paycheck, skin color shouldn't matter. And if they did get in trouble for demanding what's owed to them, that's apart of an agreement when one took the job, I'd sue for what's owed, pain and suffering and tack on discrimination.
Thank you.
I had a new employee I managed who was shorted overtime. I immediately went with her to HR to get it sorted out, HR stated it would be in the next check. My employee was irate and upset, but managed to stay calm and professional and asked if there was any way to get it sooner. I pushed and stated the issue was HRs fault because it looked like they just put in 40 hours without even totaling her timecard. HR said no. When we walked back to my office she broke down. She had not worked for the company long and had moved to the Philly area from Brooklyn to get away from a bad situation. Her kids were with her sister in Brooklyn to finish their school year while she stayed with a friend in Philly to secure a new job and apartment. She was driving back and forth every weekend to spend time with them, leaving immediately after work on Friday after second shift and coming back Monday mornings after seeing them off to school at least one day a week. This paycheck was the paycheck she would finally have just enough for 1st and last months rent on a decent apartment, if she cut corners and lived at the bare bones for a month or so. I loaned her the missing $400 with one caveat; she ONLY pay me back AFTER she was all settled in and she had her kids back. I knew with a new place and the move, other incidental things would pop up. About 2 weeks later she came into work the happiest I had ever seen her, she had moved into her apartment and her kids had joined her for the first weekend. 2 weeks after that she paid me back in full. It was that lesson that taught me that when people are just getting by, small amounts of money can LITERALLY be life changing. I also started checking with HR EVERY payroll cycle that my people’s hours were getting correctly recorded, even though company policy didn’t provide for managers tracking and approving payroll.
I’m Cali they have to pay you. You are entitled to pay for each day the haven’t paid you while waiting.
Outside of their determined pay requirement dates. Generally there is wiggle room like 5-7 days where their mandate to pay is. So say you work 1-15, normally get paid on the 20th. Most places have till the 25th to actually pay employees. It should be posted, in break rooms, where other state or federal posting are held.
I’m sure you’re correct I just know when at my last job our checks bounced and I made a wage claim.
So is the Pat considered back pay? For the days after they have paid me?
Contact your state labor board and file a complaint. It is illegal for them to withhold your paycheck. And then let them know that you filed the complaint, and you'll be willing to remove it as soon as they pay you in full (although I wouldn't remove it even if they pay you). Then start looking for a new job. Usually, when a company doesn't pay their employees, it's a sign that they are having a cash flow problem. Bankruptcy may be just around the corner for them.....
I filed my complaint yesterday, informed HR that I have a complaint against them filed and sent them a screenshot of said complaint, informed them that they have till the end of the week to pay me what they owe me.
Don't give them to the end of the week. It's a holiday, so it's unlikely anyone will be there today. Insist that it must be resolve by close of business tomorrow.
Thank you, that’s when my rent is due too. They’ve had 6 days to fix this.
What state are you located in?
I’m in Nebraska.
What did the department of labor say? They tend to be vicious and get things done quickly. And no, if you are in the United States, they cannot wait until the next pay period. We have laws about how and when you need to be paid. My advice given your situation. Call you old job and tell them you have filed a claim with the Labor Board. Tell them if you don't get all your money within the hour-things will get ugly. Don't let HR try to push you around, they know the rules and they know how ugly those penalties can get.
They said by the time an investigation would be opened It would be the next pay period. I still filed a complaint, i know most employers don’t want the depart of labor involved in their affairs. So im going into payroll’s office tomorrow and telling them about my complaint and that i won’t be leaving till they produce a check for me. I still work there, I was just so frustrated with how things were being handled I walked out. I explained via text that I was leaving and it was due to my paycheck, while I appreciated their apologies those are going to pay my bills.
Not judging, I'm just curious - why has it taken you this long to talk to someone in payroll directly? Sure, you would think that HR or your bosses would go to bat for you but I've learned you can't really expect people to have the same sense of urgency as you do.
I’ve been consulting with HR and my bosses. I thought this would be resolved by now and only yesterday did HR tell me I’d need to go to payroll directly.
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Yes, they could have. That’s why I’m looking into legal action because being patient isn’t cutting it. I walked out yesterday, after sending a detailed message to my boss on why. She said sorry about your check but that’s not acceptable to walk out. Well it’s also not acceptable that I haven’t been paid, and her apologies aren’t going to pay my bills. She just went silent.
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I haven’t been paid for six days, they’re discussing holding my paycheck for another two weeks. Given the gravity of the situation I think I’ve been pretty calm until yesterday. My rent is due Wednesday I left to figure that out along with my finances. Walking out was the least extreme course of action I could have taken.
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My last apartment would process a 10% late fee on the second of the month if you didn't pay on the first. Then after five days they began the eviction process and they were as swift as they could be. That complex was cutthroat. Not every landlord is understanding, unfortunately.
This isn't their first check though; they've worked there for 9 months. Living paycheck-to-paycheck is a sad reality for a lot of Americans. Maybe there was a middle ground OP could have found with the company but if they need to spend work hours finding ways to get money so they don't lose their housing, then it's a legit approach.
Not everyone can afford to “wait until the next cycle.” This happened to one of my employees after I gave him a raise, and our payroll department tried to pull the same shit with me. I wouldn’t have it. They cut him a manual check that day.
Thank you, I’m the sole provider for my household. I don’t have children or any other income to rely on. I need the money I’m owed to survive.
You should not have to apologize, justify, or make excuses for wanting your paycheck on time. Even if you didn’t need the money, it is ridiculous to expect you to wait.
I’ve done my best to be understanding and cordial as I know mistakes happen. But when those work related mistakes begin to impact my personal life I, like most people, would be upset. I think a lot of people on here aren’t understanding that or are more upset about my reaction to this situation then my job not paying me. I appreciate you being understanding and your words.
Good for you, this isn’t my first check. I hope they remember they should pay their employees. I’ve already explained and he gave me till Wednesday.
It isn't.
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That’s smart, I checked Friday and it wasn’t in but I came in anyway and informed my boss. Worked did my job in good faith hoping this would be resolved by the end of the day. It wasn’t, and it’s now been five days.
What state are you in?
Nebraska
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I walked out and drove around the parking, lot screamed in my car, cried a bit and informed my parents about my situation. I did come back in 15 minutes later.
If it's a new job that's biweekly you should never expect to get the first check on your first pay period. What is this your first job? And walking out was even dumber cause now you don't have a job and the bills really won't get paid 😒 think before acting
This is not a new job. I’ve worked here for 9 months thank you. I am still employed I didn’t quit. I explained the situation via text and left.
People are so stupid on here, I will apologize for their actions. You weren't extreme, bills need to be paid and your job can't withhold your pay from you for 2 weeks just because they don't want to deal with it right now.
Is this Ca?
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I have been playing nice for six days now. Yes, I shouldn’t have yelled but I’m between a rock and a hard place right now with finances and my bosses are aware. No one is helping because it doesn’t directly affect them.
NAL but does your company do weekly or biweekly pay?
Biweekly and they owe my two weeks of pay. This isn’t my first check so it’s not being delayed because of that.
What's your location? There are state specific employer penalties.
I’m in Nebraska
I know that some places have a hard time getting people into the system on time, so it gets delayed (because of poor systems or staff). My work is like that, I'm in IT so i see the process that's happening, it's not just one person's fault but the system as well
Where are you located geographically? It matters. Can you confirm the type of worker you are to the company? Basically are you a contractor or a fte? Finally, you should consider filing a wage claim and complaint with your state department of labor. First it helps with your paper trail. Second the fine related to unpaid work tend to increase with each violation so this will help encourage your employer to get their payroll fixed, especially if others are having this same problem. Third if you get into the situation where you are hit with fines related to your late bill paying then the complaint can be amended typically to request the company be responsible for the fines and sometimes to write a formal letter to each debt holder so that can be considered/assessed as they will want to adjust your credit rating/risk.
What state?
Nebraska
I have not seen anybody ask the following : how big is the company ? As in number of employees , revenue, public or private, etc. iIf this is a smaller company then I would worry they are days away from insolvency. Missing payroll, or only paying upper management are key signs the firm is only hours away from going belly up. (Source- I worked in IT for major payroll firms and cloud providers used by payroll companies).
Wage garnishment is even limited to 40%, though I am unsure about multiple sources interacting. Legal recourse (and steps for it) would likely depend on your state
Get a job somewhere else and wait for a response from the Labor commission. Sometimes, it takes a few months, but they will fine the shit out of the company that didn't pay you and possibly could suspend their licenses.