Legal Question in Employment Law in Florida
Back wages while still employed
My employer has not been able to meet regular payroll for the past 8 months. We are paid bi-weekly, but have been getting 1 check a month if lucky. We have been hearing that things should be turning around and to stick in there if possible and all back pay will ''eventually'' be paid. Please let me know if there are any legal avenues that can be taken to receive this back pay or am I out of luck and should have walked months ago. Thank You.
1 Answer from Attorneys
Re: Back wages while still employed
Your latter inclination about having left months ago is probably most correct because at this point, if your ER truly has no resources, then suing the Company would be a bad idea regardless of whether your owed back wages or not. On the positive side, if you should be forced to sue your employer and you are an employee-and not an independent contractor--you have a statutory right to recover any attorneys fees incurred in the course of such an action.