Back wages
I have been employed by a professional group since January 2003. A final contract was never signed. We (employer and employee) had the same lawyer. (Don't you think this was a conflict of interest on part of the lawyer?) They have failed to pay me for at least 50% of my paychecks due to cash flow problems. Actually paying no checks Mar-Apr-May.
2 weeks ago they informed me they were closing the office I work from and they would not pay any back pay. They want to pay on 100% productivity but after 3 months moved me to a start up office without a client base. It was my understanding at time of hire that they would pay a salary and over time move to productivity. They were supposed to pay certain professional expenses and did not. I tried to work out an exchange for hard assests but they refuse. Meanwhile I have worked since Jan 2003 and have only received "credit" (i.e.social security for about half that time. Do I have a case or should I just walk away?
Answers (1)
From the facts that you set forth, you most likely have a valid claim. The primary question seems to be whether your employer has the assets to pay your claim. Nearly all wage claims have provisions that require the employer to pay successful employee plaintiffs their attorneys' fees and costs; therefore, if the company has the assets, it generally is in your interest to pursue the claim.
Besides wage claims, you may have claims for misrepresentation and/or fraud, if your employer purposefully mislead you about their ability and/or intent to pay your wages, or the wage structure they were going to use to compensate you. The lawyer who worked with you may or may not be liable; however, I cannot even venture a guess on that issue without further discussion with you.
Finally, without reviewing the written/oral agreements and the course of conduct between your employer and yourself, I cannot thoroughly evaluate your claim. If you would like to discuss your claims further, please email me or call me to discuss.
/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
401 City Line Avenue
Suite 904
Bala Cynwyd, PA 190004
(610) 660-5585
CEzold@Ezoldlaw.com
www.lawyers.com/ezoldlaw
posted by Christopher Ezold | Aug 8, 2003 06:42 AM [EST]
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