How can I get my money from a company that owes me 6 months salary?
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How can I get my money from a company that owes me 6 months salary?
I have a small corporation where I am an only employee. I work for a big company but they do not pay me directly. As I consultant in that company, I am obligated to receive my money through another company’s services. I submit a timesheet, they send it to the company I work at, and pay me after. They are breaking our contact by not paying me already for 6 months. What I am supposed to do? I tried to reason with them but they are not willing to cooperate.
Asked on November 26, 2016 under Business Law, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You sue them for breach of contract: for violating the agreement (even if it was only an oral, or unwritten one) pursuant to which you did work in exchange for pay. If you honored your obligations (did the work), they must honor theirs (pay you); if they don't, they are in breach of contract.
You would sue in the name of whomever is contracted to do the work for them--i.e. it might be you or it might be your small corporation.
Of course, suing them will likely stop you from getting/doing further work for them, so if they are a significant part of your income, you may need to wait to take legal action until you have some other employment or work.
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