Is an employer required to pay a contractor for work that was done 12 years ago?
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Is an employer required to pay a contractor for work that was done 12 years ago?
A nurse contractor worked 2 weeks for a company then noted many years later that she was never reimbursed for the work the paper check was never cashed. Does the company still owe the contractor for the work done, even though it was 12 years ago?
Asked on January 2, 2019 under Employment Labor Law, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
No, they have no legal obligation to pay (perhaps they have a moral obligation, but moral obligations are not enforceable). The employer/employee agreement is essentially a contractual one: the employee agrees to work in exchange for pay. If the employee is not paid, he/she can sue for breach of contract. However, there is a time limit, called the "statute of limitations," for how long you have to bring lawsuits--once that period of time has passed, you cannot sue, which means there is no way to enforce an obligation to pay. In your state, the statute of limitations for violating contracts is only 5 years, so after 12 years, it is far too late to require them to pay.
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