Legal Question in Employment Law in New York

Unpaid salary by employer

I was a small % partner in a company but had no financial authority (couldn't sign checks) and had no authority in any financial decisions. The CEO/CFO would pay himself and I a decent base and withhold about 1/3 of our salary (about $40k for me) until the end of the year so that we maintained optimal cash flow throughout the year. The company was sold prior to the end of the year and he refused to pay me my pro-rated balance of salary that was due to date (over $30k) and this was in 2003. What recourse do I have and is it worth the financial burden I would need to undertake for legal action? I was an Officer in the company with that tiny % ownership (we were only 2 owners)so does that preclude me from pursuing any action? Thank you.


Asked on 4/10/05, 11:49 am

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Unpaid salary by employer

No not at all. There are several options available to you. You have a suit for breach of contract, or, what might be somewhat easier to start with, but perhaps not as effective, (because you were an owner, small %

notwithstanding, and I don't know what your contractsaid,)you could report this to the NY Dept. of Labor as an unpaid wage claim.They will pursue the investigation for you, and recover your salary and wage supplements as well.

If you wish to discuss this, tell me more about the contract in an email. Otherwise, look up the Dept. of Labor on the internet.

Read more
Answered on 4/10/05, 1:23 pm


Related Questions & Answers

More Labor and Employment Law questions and answers in New York