i have been working in a nursing home for over a year, the owners have not paid us for work done in october and are saying they will pay on 6th november. this will be 6 weeks.Is this legal.also she said if people do not turn up for work cos they got no way of getting in to work(no fuel/cash ) then they will be sacked.Does she have the right to do this, i have looked online for answers and have not found what i am lookiung for please help.A new job springs to mind, is vioalting my rights? do i have any?
2006-10-31 22:56:42 · 14 answers · asked by ang2912 1 in Business & Finance ➔ Careers & Employment
You can take her to small claims court for your money but she can fire you if you don't show up. She still has to pay you for the hours you did work though. I would be out of there. Good luck!
2006-10-31 22:59:14 · answer #1 · answered by Mada 2 · 1⤊ 1⤋
First and foremost go and get some proper legal advice from an employment law specialist solicitor .... you can find lots in the yellow pages or local telephone directory .... they will probably only charge a small fee for an initial half hour interview with you .... so it's something you can afford .....
Having worked in the law previously I think you will find that she does not have a right to withhold payment for work undertaken and so is legally obliged to pay - even if you have agreed to hold on for a while.... hopefully you have a contract for employment that specifies exactly what your employment conditions are and what your payment will be and when in return ..... she also does not have the immediate right to sack anyone for not turning in for work - but may be able to dock wages for days not worked .... however there could be an argument for 'mitigating circumstances' as without being paid, travel expenses can't be afforded ..... you could also look for alternative employment - and take it if you can find it - and claim constructive dismissal - because you couldn't afford to carry on working without being paid and therefore must find paid employment ....... it's very complicate - you really need urgent help - go and speak to that solicitor .....
2006-11-01 07:41:51 · answer #2 · answered by Anonymous · 1⤊ 0⤋
There are 2 issues. 1. Yes you have rights which are possibly being violated. 2. Can you afford to enforce them?
Dealing with the second point first, you have a disciplinary procedure laid down in your contract. Generally this is two verbal warnings and one writtne before being sacked, unless it is gross misconduct (also defined in your contract) in which case it is summary i.e. immediate sacking. It sounds like the home is abusing this. If they haven't paid you for 6 weeks and they generally pay you every 4, then this indicates they have money problems. You may find that the home declares itself insolvent, in which case you would become an unsecured creditor, and receive only a proportion of the salary owed to you - it all depends on what assets the home has.
Anyway, you can get half an hour of free employment law advice from a lawyer - look on the internet for one in your area, or ask the CAB.
Hope that helps.
2006-11-01 07:04:31 · answer #3 · answered by Matt 4 · 1⤊ 1⤋
Firstly, hang in there til the 6th beg and borrow til you get your wages, it sounds to me llike the owner is in deep trouble financially and could be about to go bankrupt. why the 6th I wonder why not this week? If you have until now been paid weekly you should have been told in writing that you would'nt be paid til later for whatever reason the boss has. It still does'nt justify your dilemna though. Take the advice above go to the pros and ask but dont walk out until you get your money. Many scandals have been attached to theses type of jobs and usually theres big trouble looming so find out your rights and then leave when you get paid your boss did'nt give you notice so you wont have to give them any when you walk out that door for the last time. Hope you get a really nice job after!
2006-11-01 07:11:59 · answer #4 · answered by . 5 · 0⤊ 1⤋
Contact the National Labor Relations Board
2006-11-01 07:00:29 · answer #5 · answered by doktordbel 5 · 0⤊ 1⤋
Call your labor board in the state your in. They can tell you all the answers to all of your questions. But You can be paid weekly, bi-weekle, or monthly as a rule. BUT this cannot be changed on a day to day basis. So if your pay has been weekly then your boss cannot withhold your pay. If you fail to show up for work well YEP you can be canned. Or sacked as you put it. But sounds like it is time to look for another job.
2006-11-01 07:01:39 · answer #6 · answered by GRUMPY 7 · 1⤊ 0⤋
Not sure where you are located, if in the US, turn to the Labor Relations Board. By law, it is required that there be a regularly scheduled payday (ours is the every other Thursday) and you must receive your pay by end of day that day. If the Labor Board is no help, seek legal counsel.
2006-11-01 07:05:31 · answer #7 · answered by tw0cl0n3m3 6 · 1⤊ 0⤋
Hi Ang,
The understanding that I have is that if you have a confirmed contract, then your employer is legally obliged to pay you the due amount on time.
Do you belong to a trade union ? They would sort this out for you.
I am an employer, and would rather see that folks are properly and timely paid for their efforts, even if it meant borrowing from the bank for a while.
Check your conditions of employment, especially the "small print"
Bob.
2006-11-01 07:09:14 · answer #8 · answered by Bob the Boat 6 · 0⤊ 1⤋
I would go speak to a solicitors firm and get free legal advice from the law shop, also the citizens advice bureau could probably help. I would suggest the advice they could offer is worth a lot more and would be more effective and reliable than anything anyone here could tell you.
Good luck with that one.
2006-11-01 07:01:01 · answer #9 · answered by Caffeine Fiend 4 · 1⤊ 1⤋
this is not legal for her to pay like that if it was not agreed to when you hired on..as for her firing people if they do not show up to work..that is well within her rights- it is not her legal concern how people get to work..but in this case it might be since she is withholding you wages, call a lawyer, if you can't afford one, get in touch with legal aide for pro-bono services, might not have to sue her..I have found that getting a lawyer involved sometimes scares people into doing what is right..at least for a little while
good luck
2006-11-01 07:03:00 · answer #10 · answered by dances with cats 7 · 3⤊ 0⤋