Employer wont pay wages

[eagle85]

Would anyone have any advise on my situation. I have been working for my employer since May 2011 I am paid monthly but in recent months he has been late paying wages and has even started to pay only part of my wages sayng he will make it up next month at this stage I have to beg for my wages and now am owed 9k. I dont know what to do I am afraid to leave in case I never see my money but understand I cant continue to work for free which is really what I'm doing at the moment. I know I should go the legal route but Im afraid I'll be waiting months to get what I am owed.

 

[eagle85]

Yes I know it's a huge amount and I am struggling alot to make ends meet. I will have to take legal action soon but I can imagine the smug look on my employers face if I hand in my notice as I doubt he will have any plan to pay me what I am owed if I make the decision to leave.

 

[Sue Ellen]

You need to contact [broken link removed] as soon as possible to confirm your rights. Also check that any deductions for tax and PRSI are being paid over to authorities.

 

[eagle85]

Had a meeting with the boss to try and come to some arrangement without going the whole legal route. He has agreed to pay off what he owes me in monthly installments of €500 but in considering this option it is going to take a year to pay it off. I want to leave but have no job to go to and I wont be able to sign on if I leave my job voluntarily so I dont really kno what my options are do I just hand in my notice ? by doing this will I ever see my money ?

 

[mandelbrot]

Had a meeting with the boss to try and come to some arrangement without going the whole legal route. He has agreed to pay off what he owes me in monthly installments of €500 but in considering this option it is going to take a year to pay it off. I want to leave but have no job to go to and I wont be able to sign on if I leave my job voluntarily so I dont really kno what my options are do I just hand in my notice ? by doing this will I ever see my money ?

I would imagine that you have adequate grounds for claiming constructive dismissal (not an employment law expert but I don't see how anyone could argue otherwise); it is simply untenable to continue in a job where you are not being paid as agreed. So under no circumstances should you agree that it is OK for him to repay you over a period, as that would indicate your acceptance of the non-payment...

So I'd suggest you should really talk to a solicitor who specialises in employment law, or at the very least contact NERA.

 

[Purple]

Had a meeting with the boss to try and come to some arrangement without going the whole legal route. He has agreed to pay off what he owes me in monthly installments of €500 but in considering this option it is going to take a year to pay it off. I want to leave but have no job to go to and I wont be able to sign on if I leave my job voluntarily so I dont really kno what my options are do I just hand in my notice ? by doing this will I ever see my money ?

If your boss is still driving a car/ eating lunch then he isn’t taking this seriously enough. When you own a business you pay yourself last.
I would be very proactive in your position and I wouldn’t listen to any sob stories. The man has no integrity, if he had he wouldn’t have let this happen.

 

[hastalavista]

It would be worth checking with SW to see if your stamps are being paid.

Whats the crack with pension deductions....

I would not leave: I assume you have a written employment contract

 

[eagle85]

Thats why I want to leave, I cant drag myself in there every day not being sure if I will be paid or not but I want my money He only registered me as an employee in January 2012, my employment commenced May 2011 ! Have no writtin employment contract

 

[Sue Ellen]

You need to contact [broken link removed] as soon as possible to confirm your rights. Also check that any deductions for tax and PRSI are being paid over to authorities.

As said already above. Presume your tax etc. was deducted from May but not paid over. NERA as above will advise.

 

[ang1170]

Thats why I want to leave, I cant drag myself in there every day not being sure if I will be paid or not but I want my money He only registered me as an employee in January 2012, my employment commenced May 2011 ! Have no writtin employment contract

Even if there's no written employment contract, you're entitled to having certain information in writing. See:

[broken link removed]

You should ask for this immediately, pointing out that it is a legal requirement.

There's plenty of other good information on this Web-site.

Personally, the first thing I'd do is start looking for a new job, from a couple of perspectives:

- Regardless of any other benefits of working where you are, being treated like this must be hard on you: it can't be a good place to work because of that

- It sounds like this business is short of cash, and hence could fail at any time: best to leave at the time of your choosing, rather than be forced

- It's a lot easier to fight for your rights when you are not dependent on the person you are in dispute with.

Of course, finding a new job may be extremely difficult, given the current economy, but this is an argument for starting looking sooner rather than later. Even if it goes well, it will take time and won't solve the immediate problem (of not being paid, and recovery of the sum already owed): all I'm suggesting is that you start the process of finding somewhere new.

Actually leaving doesn't mean the money owed does not have to be paid, by the way: quite the contrary, he could end up having to pay even more for a constructive dismissal claim. However, you should take legal advice on this from a solicitor who specialises in the area (coincidently, there are a couple of recommendations for these in another thread at the moment).

In terms of assistance, have you looked at getting assistance from a union? Even if you are not a member, if there is one relevant to your type of work, they should be in a position to help and advise. It would certainly be cheaper than going the legal route.

Best of luck with this!

 

[eagle85]

Well just an update, finished working for this cowboy at the end of May and I have yet to get paid ! I went to see solicitor prior to handing in my notice who advised I give the correct 2 weeks notice and then take legal action which is exactly what I did but for some reason this man has still to pay me a penny. In June he gave me post dated cheques December for various amounts that added up to the amount owed (€8000) but only the first one for €500 has cleared the last 2 have been stopped by him !! There has been solicitors letters exchanged and his argument is that he just hasnt got the money ! He has stated in the letters that he owes me this money and he will pay me in post dated cheques of minimal amounts but this is of no use to me as they will probably be spread out monthly and leave me & my family hanging on by a thread every month and no doubt these cheques will bounce or be stopped again. This man HAS money that is the thing and he is laughing away to himself while I am in debt because of him. Has anyone any advise on what I can do .. some people have suggested hiring a debt collector who I wont name but has a very bad reputation but sucessfully collects debts through whatever tactics it takes, I just dont know would that make things worse !

 

[lam]

If your employer is a limited company by the sounds of it it is only a matter of time until he's going to have to liquidate so hopefully there will be enough from the liquidation to pay your back wages. If he's a sole trader then its time for your solicitor to serve proceedings. He has no defence as he's admitted he owes you a debt so get judgment and you can start looking to put an installment order in place.

On another note its technically a crime to write a cheque that you know is going to bounce so you could consider either making a complaint to the Gardai or at least threatening to do so. I would avoid hiring a debt collector with a bad reputation because you're just opening a can of worms there and you could be held liable if the debt collector attacked him in a situation where you knew there was a chance that he would collect the debt "through whatever tactic it takes"!