3 ms·

IANAL, but a couple things: 1. Are you a contractor or employee? Big difference in how this is handled. 2. If you are an employee, it's against the law to not

IANAL, but a couple things: 1. Are you a contractor or employee? Big difference in how this is handled. 2. If you are an employee, it's against the law to not pay you for your time/work. There are state/federal legal remedies for this. 3. If you are a contractor, there are legal remedies as well, but more on side of civil lawsuits to collect payment. 4. I am a little confused. You say you haven't been paid in month, and while technically that may be true, if your first check was scheduled for the 30th, they aren't technically a month late on paying you. Yes they are late, and yes it is wrong, but I would be clear when communicating that. With that in mind, I would talk to the founders to find out what the delays are, when they are going to be remedied, and start looking for a new job regardless. It's easier to part ways now, then to let the situation get worse over time or occur again in the future. In the meantime, keep your communications professional and don't let your emotions take over.

yohann305 11y ago
hi, Thanks for your feedback Jeff. I am an employee, not a contractor. The thing is, I never asked when would be my first paycheck, so I assumed it would be every 14/15 days like it mostly is everywhere. So I contacted the "HR" lady, which is a new hire as well, and she told me I'd get paid on the 30th since my direct deposit isn't setup. I told her i could set it up right now, and she said they are waiting to move to a new HR system, then they'll get in touch with me (it did not contact me) Also, I had to contact them otherwise I wouldn't have heard from anyone, it could have kept on going forever. I'm not sure, but it seems that other new hires have been in this situations for months... Do you think i was duped into getting hired and work for free?
- jeffmould 11y ago
  Again, IANAL, if this is an ongoing thing and others have been in the situation for months, there are bigger issues. I don't know if you were "duped" or not, but I would get out quick. As for initial payday, many companies have a ramp up period for your first paycheck. You may miss a payday if you start mid-paycycle. I have had a job where it took almost a month from the day I started till my first paycheck arrived. So just because you are supposed to get paid every 2 weeks, it can vary for that first paycheck. In the meantime, you should check with your state division of revenue or unemployment office to see what can be done. It is illegal not to pay employees for work performed, so they may be able to force the company's hand on paying you. Financial problems of the company are not your problem, and you are still entitled to your pay. Regardless, my advice is to get out now before it gets worse for you and your own financial situation takes a bigger hit. Talk to your state agency and an employment lawyer in your state for additional help.
- brudgers 11y ago
  Both of the explanations offered by HR are plausible. But since a founder has told you the company is broke, it's probably broke. I would tend to read the situation as the company leadership being desperately over-optimistic and trying to hold on to sunk costs at any cost. Lastly, trusting people and expecting them to be honest and decent and of reasonable character is not a failing on your part. It is probably the best behavior anyone has exhibited in the situation.

yohann305 11y ago

hi, Thanks for your feedback Jeff. I am an employee, not a contractor. The thing is, I never asked when would be my first paycheck, so I assumed it would be every 14/15 days like it mostly is everywhere. So I contacted the "HR" lady, which is a new hire as well, and she told me I'd get paid on the 30th since my direct deposit isn't setup. I told her i could set it up right now, and she said they are waiting to move to a new HR system, then they'll get in touch with me (it did not contact me) Also, I had to contact them otherwise I wouldn't have heard from anyone, it could have kept on going forever. I'm not sure, but it seems that other new hires have been in this situations for months... Do you think i was duped into getting hired and work for free?

jeffmould 11y ago
Again, IANAL, if this is an ongoing thing and others have been in the situation for months, there are bigger issues. I don't know if you were "duped" or not, but I would get out quick. As for initial payday, many companies have a ramp up period for your first paycheck. You may miss a payday if you start mid-paycycle. I have had a job where it took almost a month from the day I started till my first paycheck arrived. So just because you are supposed to get paid every 2 weeks, it can vary for that first paycheck. In the meantime, you should check with your state division of revenue or unemployment office to see what can be done. It is illegal not to pay employees for work performed, so they may be able to force the company's hand on paying you. Financial problems of the company are not your problem, and you are still entitled to your pay. Regardless, my advice is to get out now before it gets worse for you and your own financial situation takes a bigger hit. Talk to your state agency and an employment lawyer in your state for additional help.
brudgers 11y ago
Both of the explanations offered by HR are plausible. But since a founder has told you the company is broke, it's probably broke. I would tend to read the situation as the company leadership being desperately over-optimistic and trying to hold on to sunk costs at any cost. Lastly, trusting people and expecting them to be honest and decent and of reasonable character is not a failing on your part. It is probably the best behavior anyone has exhibited in the situation.