How can I claim unp...
 
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How can I claim unpaid salary?

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Wardy
(@wardy)
Posts: 149
Estimable Member
Topic starter
 

Despite many promises of payment, my former employer have since failed to reply to any emails sent by myself.

I am owed two weeks redundancy pay, my former colleagues are also owed a considerable amount of money. As they are US based, their course of action may be easier than mine.

Does anyone have any advice on how to claim back monies owed from a US based company while based in the UK?

 
Posted : 18/01/2010 4:14 pm
(@bithead)
Posts: 1206
Noble Member
 

Not paying employees in the US is a bad thing. Even if you were working as a contractor, there is case law that shows those payments are similar to payroll. And even if the former employer files bankruptcy your wages are due even before other monies are paid. The biggest reason former employees get paid is because the IRS wants paid. In the US you have several options.

The "free" option is to file a grievance with the Department of Labor & Employment by filling out THIS form (based on my recollection of your former employer's location).

This includes the language

I hereby make a formal demand of payment of wages and compensation due me in accordance with Title 8, Article 4 of Colorado Revised Statutes, as amended. Refusal to pay me or my designated agent may subject you to a significant penalty that may meet or exceed 125% of the amount owed, or up to 10 days of compensation, whichever is greater, pursuant to 8-4-109, C.R.S..

and more importantly for you a deadline

This Demand for Payment of Wages may be filed for compensation proven to be due an employee pursuant to CRS 8-4-101 et seq. If you do not provide this form to your former employer within 60 days after the date of separation, you may not be entitled to the penalties provided for under the statute [CRS 8-4-109 (3)].

From there you can also hire a labor attorney.

As I said the IRS wants their money. If your former employer withheld monies that were supposed to be paid to the IRS and failed to file their 941 they can be in for some very substantial fines. And you might be eligible for a whistleblower award in some cases.

If you do not get timely satisfaction from the State, the DOL also has a complaint process with a two-year statute of limitations. You can click on the links for Davis-Bacon and SCA in the previous link.

 
Posted : 18/01/2010 6:29 pm
Wardy
(@wardy)
Posts: 149
Estimable Member
Topic starter
 

Thank you BitHead, that is most helpful.

 
Posted : 18/01/2010 6:50 pm
(@kovar)
Posts: 805
Prominent Member
 

Greetings,

Your former employer entered into a business relationship with another organization that values its standing in the community quite highly. That might offer you some leverage as well.

I'm *not* suggesting anything illegal at all, just that it is a pretty small community and people are already watching closely. Failure to pay ex-employees is NOT a good way to convince current and future clients that you're in a healthy financial position and to trust you.

-David

 
Posted : 18/01/2010 9:00 pm
(@kovar)
Posts: 805
Prominent Member
 

Greetings, encore,

A bit more thought. I'd hire a labor attorney, perhaps as a group. Your ex-employer has a revenue stream from their new partner and they've been hiring new people, so there is, or was, money available to pay you.

As BitHead pointed out, not paying contractors and employees is a very bad thing in the US and so comes with a lot of leverage.

-David

 
Posted : 18/01/2010 9:04 pm
(@bithead)
Posts: 1206
Noble Member
 

Thank you BitHead, that is most helpful.

I got into computer forensics because a former employer embezzled our 401K funds - claiming he just used the funds to keep the doors open (while playing golf at the country club). I have great sympathy for your plight.

 
Posted : 19/01/2010 7:19 am
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