Legal Question in Employment Law in Washington

employer is not paying me

My employer is 40K behind in paying me. He keeps saying that he will issue a check on a certain date but when the time comes, no check is issued. When I ask him about getting paid, he sets a new date. He has laid me off due to lack of work, but I think that he is planning on stiffing me on what he owes me. He also deducted money from my paychecks supposedly to put in a SIMPLE IRA, but this money was never deposited. Is this illegal? Is there a statute of limitations on delays on filing a complaint with the Department of Labor? I am concerned that his promises to pay are only delay tactics to prevent me from filing a complaint. I don't want to be a difficult former employee, but I am getting worried.


Asked on 6/03/09, 8:19 pm

1 Answer from Attorneys
Susan Beecher Susan L. Beecher, Atty at Law

Re: employer is not paying me

If he is $40,000 behind, you need to get active with some sort of legal action to get him going. You can go to the Dept of Labor, but the feedback I have gotten from my clients is that they are not particularly effective. At 40K in back pay due, it may be worthwhile to hire an attorney, as depending on the circumstances, you may be entitled to attorney's fees and double damages.

Statutes of limitation are always a concern, but I would be more concerned that he may file bankruptcy. If he does that, you may simply be an unsecured creditor.

No, it is not legal for him to withhold money for a SIMPLE IRA and then fail to invest it.

Don't wait. This employer is not going to pay without a push.

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Answered on 6/04/09, 12:13 am


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