Withheld Paychecks, what to do?

[gardenswithkids]

I spoke with my husband. He is going to talk to his brother about it today, and if he says he cannot pay me my back wages, then my husband will speak with his parents about borrowing the money to make ends meet while I look for a job, and tell them why. My husband made a few phone calls last night, while we were one the phone, and it’s worse than originally expected. Not only has he not paid any of the employees, he’s also been borrowing money from employees to pay for deliveries.

The situation sounds very troubling. It sounds like he is close to losing his business. How close, and if his business will be able to recover, we cannot say. What advice I’d give would depend on information that I don’t have. Will his business be able to pull out of this or not? If I were you and your husband, I’d want to know a lot more about what’s going on with the business. For instance, is he awaiting payment of a large bill that is expected to arrive shortly but was delayed for some reason?

And… was this a family business that your BIL has been managing, and do your husband and his parents have an interest in trying to preserve it?

 

[EasterJoy]

I spoke with my husband. He is going to talk to his brother about it today, and if he says he cannot pay me my back wages, then my husband will speak with his parents about borrowing the money to make ends meet while I look for a job, and tell them why. My husband made a few phone calls last night, while we were one the phone, and it’s worse than originally expected. Not only has he not paid any of the employees, he’s also been borrowing money from employees to pay for deliveries.

So you’ll be trying to get blood out of a turnip, and a turnip that owes more than back wages to other employees. Have they been left unpaid for as long as you have, or did he start with you because you might offer the forbearance of a family?

You can file a claim with the state, so you’re first in line, but you probably won’t see a dime from your BIL. I’m afraid that your poor co-workers are in an even worse state, since even if they have paperwork to prove the loan the original vendor will probably have first lien on any value left in the enterprise. I don’t know that an attorney could change that. The department of labor in your state might be able to answer your questions for free, though…that is, where you would stand when the bankruptcy comes down, and to what degree a lawyer is needed (or could even help.)

Follow the rules for making claims for back wages, but if I had the option, I would save the gas, quit going to work for BIL, and put my efforts into contacting former employers for letters of reference. Your BIL has been lying to his employees, including you. You need to change jobs.

 

[BettyBoop416]

My husband made a few phone calls last night, while we were one the phone, and it’s worse than originally expected. Not only has he not paid any of the employees, he’s also been borrowing money from employees to pay for deliveries.

Sounds like that ship is sinking fast. I hate to say it, but I’d be really surprised if you ever get paid. If I were you I wouldn’t go back anymore. If you do, just be aware that you’re working for free.

Speaking as the wife of a lawyer, I wouldn’t expect any attorney to take an interest in your case. There’s just not enough money at stake to make it worthwhile. I would, however, file a complaint with whatever governmental entity oversees such matters in your state, and I’d bring this to the attention of the IRS. I’d be really concerned that he hasn’t been paying his share of the payroll tax - or worse yet, keeping your withholding for his own use. And finally, whenever there is a pause in the conversation during Thanksgiving dinner, I’d ask him, in a voice loud enough for everyone to hear, “please pass the turkey and oh by the way when do you plan on paying me for all the work I’ve done for the past four months.”

But maybe you’re nicer that me.

 

[Mrs_Sally]

Sounds like that ship is sinking fast. I hate to say it, but I’d be really surprised if you ever get paid. If I were you I wouldn’t go back anymore. If you do, just be aware that you’re working for free.

Speaking as the wife of a lawyer, I wouldn’t expect any attorney to take an interest in your case. There’s just not enough money at stake to make it worthwhile. I would, however, file a complaint with whatever governmental entity oversees such matters in your state, and I’d bring this to the attention of the IRS. I’d be really concerned that he hasn’t been paying his share of the payroll tax - and worse yet, keeping your withholding for his own use. And finally, whenever there is a pause in the conversation during Thanksgiving dinner, I’d ask him, in a voice loud enough for everyone to hear, “please pass the turkey and oh by the way when do you plan on paying me for all the work I’ve done for the past month.”

But maybe you’re nicer that me.

Hopefully she won’t be working for him at all in November! The plan she and her husband discussed of him talking to his brother and parents asap is the best one. There is no need to wait until Thanksgiving for that discussion - in fact waiting will only make things worse.

It isreally too bad that brother’s business is failing - obviously several people besides the OP are being hurt by this. The brother has been a jerk about this so far, but he’s probably scared and upset also. Sitting down and having a direct conversation with his family is an important step. Hopefully he’ll make reasonable plans and he’ll do right be his employees in this mess.

 

[BettyBoop416]

There is no need to wait until Thanksgiving for that discussion - in fact waiting will only make things worse.

You’re right, of course. But my point wasn’t really about waiting another four weeks for that discussion. Rather, it was to about making darn sure that everyone in the family was aware of what this snake was up to.

The suggested confrontation over Thanksgiving turkey was for dramatic effect.

 

[Mrs_Sally]

You’re right, of course. But my point wasn’t really about waiting another four weeks for that discussion. Rather, it was to about making darn sure that everyone in the family was aware of what this snake was up to.

The suggested confrontation over Thanksgiving turkey was for dramatic effect.

Unfortunately those great scenes never end up quite the way we’d wish. I’d like it to be like it is in the movies more often!