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  1. #1
    Join Date
    May 2009
    Posts
    1

    Default Paychecks Withheld

    My question involves labor and employment law for the state of: New York

    I work for a small company in NYC (20-22 employees). In April of this year, 2009, every employee making over 35K had his or salary reduced 15%. I was among them. The reason cited by our company president was the economy.

    Two pay cycles ago, those of us receiving direct deposit did not see our checks in our various accounts on Friday morning (our usual payday). We were told that there was a computer error and that our checks would be deposited the following Monday which they were.

    This last pay cycle (May 22) the same thing happened. Only this time at about three in the afternoon, our company president holds a meeting. He opened the meeting by thanking employee A for bringing to supervisor B's attention that our checks were not deposited. Being a very hands-on president, he signs the payroll, I found it odd that he would not know that our checks were not deposited.

    Now the kicker: He told every employee that he is waiting for a "big check" from a company. When he receives said check, he will then pay us. He told us that he should receive this "big check" within seven days.

    Having checked with some lawyers and doing research on line, I was told that this is illegal and a misdemeanor. What recourse do I have?

    I might also add that the president of this company is kind of shifty and has definetly done some shady things in the past, including firing his entire staff for trying to form a union.

    Thank you.

  2. #2
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Paychecks Withheld

    You can either file a complaint with the state DOL, or you can file a civil suit. I believe NY has a rather low maximum for a complaint with them, so the civil suit may be your best option. Didn't the attorney you consulted tell you this?

  3. #3
    Join Date
    Apr 2007
    Location
    Il.(near StL,Mo.)
    Posts
    5,252

    Default Re: Paychecks Withheld

    My understanding is the N.Y. DOL won't take wage claims if you make over $900.00 per week.

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