Employer not paying for work done.
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Employer not paying for work done.
My husband worked out of town for 2 weeks, employer in fl never asked for a W2 to be filled out. Work is done but now
he doesn’t want to pay for work completed. What can he do to get paid?
Asked on July 6, 2017 under Employment Labor Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Sue the employer--that's how you recover money when you are legally entitled to it, but the other person or business does not pay. The employer/employee relationship is essentially contractual for this purpose: employees do work pursuant to an agreement (even if only an oral, or unwritten, one) that they will be paid for their work; if the employee holds up his end and does the work, he is contractually entitled to be paid, and the employer is therefore contractually obligated to pay him. If the employer does not, it has violated its obligations and can be sued for "breach of contract." That wold be the main or primary basis according to which you would sue.
Secondarily, you would also sue for "unjust enrichment": the law does not let someone knowingly or intentionally accept the benefit of your work (knowing you expect to be paid) without paying you for it; they would be "unjustly"--or unfairly--"enriched" by doing so.
If the amount at stake is equal to or less than the limit for small claims court, suing in small claims court, with your husband acting as his own attorney or "pro se," is a very cost-effective option; and while it will still take weeks, that's weeks, not months--small claims court is faster than other courts. Good luck.
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