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Employer Refuses to Pay Wages Owed After Termination

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  • 05-29-2019, 08:33 AM
    guybk123
    Employer Refuses to Pay Wages Owed After Termination
    My question involves labor and employment law for the state of: New York based company, employee lives in New Jersey.

    My aunt reached out to me for help. She worked for a few months for a NYC based employer as a pattern-maker, on location. Looking at the paperwork she gave me, there is a W4 form there. Company let her go 3-4 weeks ago, telling her that there is no work for her and company may possibly be going bankrupt. Over the phone, owner promised to pay her the remaining 1 week salary, however, after multiple attempts to collect when my aunt finally went to the office to ask for her paycheck, owner harassed her by screaming in her face that the work she did for him actually was all wrong and he lost business because of it. Now, I call B.S. on that as he just needed a reason to avoid paying a little over $1,000.

    Other than taking him to a small claims court, what are her other options to collect?

    Thank you.
  • 05-29-2019, 09:00 AM
    flyingron
    Re: Employer Refuses to Pay My Aunt, W4 Employment
    Direct your aunt to this forum or an attorney.

    She can file a wage complain in the state that she was working in (where she lives is not so relevant here). If she was working in NY: https://www.labor.ny.gov/workerprote.../collwage.shtm
    If she was working in NJ: https://www.nj.gov/labor/wagehour/co...age_claim.html

    She should also keep an eye out as to whether the company files bankruptcy. Unpaid wages to employees are a priority claim there.
  • 05-29-2019, 09:51 AM
    chyvan
    Re: Employer Refuses to Pay My Aunt, W4 Employment
    Quote:

    Quoting guybk123
    View Post
    Company let her go 3-4 weeks ago,

    Did she file for unemployment?

    Some states have provisions that if the company doesn't pay, they will backdate the claim to the last day paid rather than the last day of work. She can mitigate her wage loss. I just don't know if NY has such a provision. She's going to have to ask.
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