Lawyer help - my husband's boss has withheld final paycheck for months

[Cat_Whisperer]

@GilaB

<snip>
Is a registered letter so much better than email with regard to a paper trail? After months of him emailing his boss, and his boss trying to call him back, Mr. GilaB finally insisted on a written reply today, and got one. Jeff acknowledged that the amount owed was approximately correct, implied he was planning on paying up in the next few months without actually saying so, and said they should talk after he gets back from his vacation (leaving tomorrow, coming home ‘the first week of April.’) If it’s just a matter of a lawyer letter via registered mail, we have enough lawyer friends with legal letterhead that it ought not to be a big deal to get one.

That said, I think we’re getting to attorney-hiring time. <snip>

I agree. It may be a requirement with your local employment standards people that a registered letter must be sent as the first step on the path to collections; a lawyer versed in these areas will be able to advise you. I also agree that it should be done quickly.

[Lynn_Bodoni]

@GilaB

Is a registered letter so much better than email with regard to a paper trail? After months of him emailing his boss, and his boss trying to call him back, Mr. GilaB finally insisted on a written reply today, and got one. Jeff acknowledged that the amount owed was approximately correct, implied he was planning on paying up in the next few months without actually saying so, and said they should talk after he gets back from his vacation (leaving tomorrow, coming home ‘the first week of April.’) If it’s just a matter of a lawyer letter via registered mail, we have enough lawyer friends with legal letterhead that it ought not to be a big deal to get one.

That said, I think we’re getting to attorney-hiring time. This is someone who’s delayed and made excuses about paying Mr. GilaB all along (a raise wasn’t possible just now because of yadda yadda; he couldn’t give him a bonus this year (in finance, a large portion of your annual salary is generally bonus) because of blah blah blah external factor), always promising that good times were just around the corner and that Mr. GilaB would get his bonus/raise/whatever soon. He liked the working environment and learned a ton, but it was getting to be time to move on soon anyway. Mr. GilaB is now worried that Jeff is going to rename his company at some point soon during the relaunching, and empty out the legal entity that owes the money, so I think we need to move quickly.

I think I’m this angry because this is just so petty. The guy is absolutely in the wrong and must know it, and has the money. We’re talking about $6K, not millions of dollars.

OK, get the letter written and sent TOMORROW, if possible, registered mail, return receipt requested. It’s none of your business or your lookout if Jeff is going on vacation. He has had plenty of time to deal with this. Your husband needs to look after his own interests, and if this causes Jeff some inconvenience, then that’s Jeff’s problem, isn’t it? Sure, Jeff isn’t going to get the letter tomorrow, but what you’re doing is laying down the paper trail, and snail mail IS much better than email for this. He’s clearly been stringing your husband along with promises, and promises are much, much cheaper than money. In fact, there’s a good chance that he’s not going to go on vacation at all, he’s just trying to buy some more time.

It’s quite possible that Jeff has already spent your husband’s money on something else, and he’s done this with other people, and he’s trying desperately to juggle things so that he doesn’t have to pay everyone when their money is due, and preferably doesn’t have to pay them at all. Your husband needs to convince Jeff that it will be far easier and cheaper to pay your husband than to keep him in the air.

[TriPolar]

@Eva_Luna

Check with your state Labor Dept. I bet they’d be glad to go to bat for your husband, or at the very least give you chapter and verse re: what he is owed and under what section of law. If you end up needing a referral for a NY labor attorney, PM me; my stepmom is one - she’s not in private practice, but I bet she could recommend someone.

This is the thing to do. This is their area of law, and they will go after the employer. You may not get the money for a long time, but you will get it eventually.

[LurkerInNJ]

GilaB, Jeff is not unaware of the fact that he owes your husband 6K. You don’t need any more calls, letters or e-mails back and forth or any more “proof”. All you are doing is pissing around. If Jeff were going to pay, he would have done so by now. Jeff is hoping you will get tired of the chase and go away. Jeff doesn’t give a shit that your husband didn’t get his pay. Jeff is worried about paying people who still work for him and his lifestyle. Your husband is in the past for him.

If it makes you feel better, have a lawyer send a final demand letter with a 10 day deadline, then file in court. Or you can just go straight to the file in court part, because that is the only thing that is going to make Jeff pay up. And based upon Jeff’s actions so far, he’s going to try and negotiate the amount down.

[handsomeharry]

@Anchuldigs

Well I can’t speak for NY but in NC your husband would be entitled to triple the with withheld wages. NY probably has a similar law.

In the 80s, I had a friend that the employers pulled this stunt on; same thing, he got triple wages.

Call the labor board immediately.They don’t charge as much as the lawyer will. They are free.

[handsomeharry]

@GilaB

Also, wages take precedence over other debts, meaning that Mr. GilaB is, in fact, at the head of the line of creditors. Mr. GilaB is reluctant to antagonize someone who was, in many ways, a good boss and mentor, and also doesn’t want to get a reputation in the finance world as a litigious guy.

Right now, Mr. G is getting a rep in the financial world as a chump (no offense intended). Bring the hammer down on the punk, and his rep will improve!