What do I do if the payroll company my school isn’t paying me the rest of my paycheck?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What do I do if the payroll company my school isn’t paying me the rest of my paycheck?
I work for a charter school who uses a third party to complete its payroll. I fill out a time sheet for every pay period. I submitted my timesheet before the due date of this last pay period. I was to be paid $883 last week. The direct deposit in my account was $330, approximately $550 short. I have reached out to both my principal and the payroll company numerous times. I have emailed at least 10 times and telephoned close to double that. I was informed the day after the deposit that I would not be contacted and all the communication must be through my principal. My principal told me she would take care of it. She also told me she has left several voicemails and emails, but still neither of us has received any response back. I sent another email today informing the company, along with my principal, that I was seeking out legal help because simple contact has not resolved the problem.
Asked on June 21, 2017 under Employment Labor Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
Since the payroll company is third party and has no direct obligations to you (their obligation is to your employer, who contracts with and employs them), you do not have recourse directly against the payroll company. Rather, your recourse is against your employer: *they* are the ones legally obligated to pay you for your work (even if that means writing a business check to you for your missing pay, then recovering any money from the payroll company which they had paid to the payroll company but the payroll company failed to remit to you). Your employer has to make your whole: if they refuse to step up and insure that you are paid, your recourse, as stated, would be to sue the employer for the money, then let them take whatever action they deem appropriate against the payroll company.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.