Legal Question in Employment Law in Pennsylvania

Hello,

I need some legal advice. My name is Jerry and I have been working for a construction company for over 16 years however right now I am laid off because they don't have work. I have recently found out that for the past two year the company has been taking out money from my check for my 41K but hasn't been putting it towards my 41K, they also have gave me 10 checks(while I still worked for them) that bounced and as their supervisor i bought materials for jobs which I was suppose to get reimbursed for but am still waiting for the money ( everything is documented). I have gone and asked for them to pay up but they keep saying they have no money and that I will get it as soon as they have it but it's been almost 2 years now and they owe me around 20,000 dollars! I would like to know what I can do. What are my legal options? I dont have the money to get a lawyer that will want all this money and the case will drag out for years but on the other hand I do want my money. I'm just scared that they will file for Bankruptcy soon and I dont know if I can get my money then. Please help me! Thank you


Asked on 4/15/10, 6:42 pm

1 Answer from Attorneys
Terence Sean McGraw Warren & McGraw, LLC

401k issues are enforced by the Department of Labor. See http://bit.ly/cmvjJ7 for DOL press release re enforcement of 401k plan. You may not be the only employee who is having difficulty and the feds may get your employer's attention.

Bounced paychecks fall under the enforcement of the Wage and Hour Division of the Department of Labor and Industry at the state level. The federal Department of Labor also has Wage and Hour Division.

I am not surre whether you can pursue the reimbursement of supply expenses under the ambit of the wage and hour claim. You should contact both the federal and state agencies and ask that question specifically.

Finally, don't assume that a lawyer will cost you lots of money. Talk to a lawyer who handles wage and hour claims. They may be willing to work on a contingency, especially if there are others who have similar claims.

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Answered on 4/21/10, 10:32 am


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