Legal Question in Construction Law in Massachusetts

Not paying me

I have worked (on books with taxes

taking out)for a small landscaping

company for the last four years

without any issues. This last snow

storm I worked 30 Hours over two

days. The owner called me a few

days after the storm to tell me to

check on some of my lots because

there were piles of grass because

of the way I plowed. I didn't think it

was a big deal since I have been

plowing for him for years. When I

called him Friday to set up a time to

pick up my pay check he stated

because he had to go back to my

lots and fix the grass and two small

signs (which happens every year)

he was NOT going to pay me since

he had to pay someone else to fix

the mistakes. Is this legal?? He

Never provided me with any written

notice of me not getting my

paycheck.

First is this legal?

Second can he come after me for

any damages?


Asked on 1/04/09, 8:59 pm

1 Answer from Attorneys

Christopher Vaughn-Martel Charles River Law Partners, LLC

Re: Not paying me

No, this is not legal.

You will need to file a writeen complaint with the Attorney General's Office's Wage and Labor Division. You must file a complaint with the Attorney General's office before you are allowed to file suit in court.

If the employer refuses to pay you, you should probably speak with an attorney. The penalty for employers who are found to have violated the Massachusetts wage laws fail is triple the amount owed, plus attorneys fees and costs.

Read more
Answered on 1/05/09, 8:45 am


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