Legal Question in Employment Law in Massachusetts
Non payment of wages and witholding severance
I was employed as a Manager of a Bar/Restaurant that closed its doors without warning 12/08/97. I was told verbally at this time by my employer I would be paid two weeks severance. An original written contract without signatures specifies 3 months severance. I initially made inquiry with the payroll Bookeeper regarding this issue as well as the issue described below and was told he would in turn make inquiry to ownership. There has been no severance paid. There has now been no ability to make contact with the business. I did get a payroll check representing the last pay period.
Also, an employee of mine was not paid the correct amount on his check which also was the same last pay period. He was shorted two shifts. I personally questioned the payroll clerk who had precluded without asking me why the shifts were not to be paid. Upon explanation, I was told the correction would be made and the difference would be mailed. No such payment has been made.
What can be done regarding these issues? Thank you.
1 Answer from Attorneys
Non-payment of Wages, Severance
Your friend may be in better shape than you are. It is a crime not to pay wages to employees (the responsible manager can face criminal penalties, and possible jail time). When the matter is brought to their attention, they will likely pay promptly. Same applies to some of the vacation time accrued (if any), and certain employee benefits.
You may have a claim for severance, if you can show that there was a contract in force. Sometimes an employee handbook is enough to show a contract, if the "unsigned" contract was on the companies letterhead, and it was intended to be a contract, the letterhead can sometimes substitute for a signature. You must see an attorney to assess the situation. If there is a union contract in place, you may get some help from that. If you are not immediately re-employed, you should check on the availability of unemployment benefits. Good luck!!
This message is provided to assist you in structuring your thoughts when you speak with an attorney about your situation. I am not your attorney, and you are not my client, so this is not legal advice. Legal advice can only be given after a careful interview of the client by the attorney, and I have not had the opportunity to understand the significant issues that I must understand to render legal advice. You should contact an attorney in your state to discuss your situation. That attorney can give you the advice that your situation deserves, after carefully considering the issues that are legally significant in your situation.
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