How long can a company hold my pay?
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How long can a company hold my pay?
The company I work for can’t make payroll?
Asked on February 3, 2012 under Employment Labor Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Legally, a company may not hold your pay at all--including for not being able to make payroll. If you are not paid for work you did, you could sue the company to recover the money.
As a practical matter, if they don't have money, the law "doesn't matter"--you can't get paid if there is no money. You could have the right to be paid, but be unable to collect. A key issue, then, is whether you believe that they truly have no money--in which case, looking for a new job may be the best choice--or you think they simply don't want to pay, are using payroll for other purposes, are embezzling or stealing, etc.--in which case, you may wish to take legal action.
If the company is a corporation or LLC, you could only sue the company itself. If it is a sole proprietorship, you could sue the owner, too.
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