My question involves workers compensation law for the District of Columbia.

I worked for a non-profit that always had cash flow issues, but also spent like crazy and would waste money on consultants and junky employees. In February 2010 we were given our merit based bonuses from the year before (2009) and told that the amounts were approved by the board and that we would be getting paid in March. Fast Forward to August and I had not been paid, and the org was in worse financial shape than it was when the bonus was initially given, and I was moving onto bigger and better things. I asked for the bonus to be paid to me along with my last paycheck, but they said they couldn't afford that so I gave them the option of paying me by years end. They stated that they had/have every intention to pay, but that they could not put a date on when this would be, so I just had to wait. This was not ok with me, but I figured it was not worth my effort to fight for it at that juncture, so I let it go for the time being.

A few weeks ago I got some news that I would need expensive dental surgery, so I naturally I decide to collect all backed wages in an effort to offset the terrible financial burden that will soon take over my life. I sent a letter to my old employer demanding that I be paid by Feb 1, 2012 and that if they did not pay I would seek legal counsel to get my funds. I asked for a quick response so that I could know that the email was read and given a serious priority, but to the time of this writing I have yet to hear anything in response from this final letter.

Basically I am curious as to my chances of winning a lawsuit to get these funds. I have several emails from both the CFO and the CEO that state their intent to pay and that the payment in question had been "recorded in the accounting system", but nothing of a signed MOU or an actual contract. Though this seems crazy, it is important to understand that none of us had contracts, not the C level employees or the associates. This is simply how the org does business for whatever reason, which is why I never asked for any sort of a contract to this effect. I know for certain there are several other past and present employees that have not received their bonuses, so I am also curious if it is prudent, or more weighty, to file a class action suit, and what this might entail.

The fact is that the org spends well in excess for senior level salary and rent every month, and yet they still proclaim to be unable to pay the money in arrears, which is certainly unfair and hopefully illegal.

Please let me know if anyone has any thoughts or could offer any help. I understand that the amount of money I am talking about is barely enough to contact a lawyer about, but this seems like a pretty open and shut case, so I would quite appreciate any local help anyone can offer.

Thanks a lot -

AMR