I did not get paid last week (without warning)

[Anonymous]

Op here.

Will this qualify me for unemployment while I job search? I'm a mom of 2 little kids in daycare and need to cover my bases, feeling overwhelmed.

[Anonymous]

I wouldn’t give them another hour of free labor. They have had plenty of opportunity to set it right and haven’t. I would file a report with whatever state agency is appropriate. It sounds to me like they are in a bad place financially.

[Anonymous]

Anonymous wrote:Op here.

Will this qualify me for unemployment while I job search? I'm a mom of 2 little kids in daycare and need to cover my bases, feeling overwhelmed.

Yes, if everything you say here is accurate you've essentially been furloughed and should qualify for unemployment. Start applying for jobs today. A healthy company doesn't miss two payroll cycles, your employer's house of cards is collapsing.

[Anonymous]

Anonymous wrote:Op here.

Will this qualify me for unemployment while I job search? I'm a mom of 2 little kids in daycare and need to cover my bases, feeling overwhelmed.

Most likely - it’s called constructive termination.

[Anonymous]

Anonymous wrote:Op here.

Will this qualify me for unemployment while I job search? I'm a mom of 2 little kids in daycare and need to cover my bases, feeling overwhelmed.

Yes but unemployment pays very little and is taxable so you keep even less of what you get. If finances are a concern your best bet is to try to figure out with your company when you will be paid and, if pay is just late as opposed to not forthcoming, stick it out while you job search.

[Anonymous]

Worst case you can sue. I know someone who won such a case of of unpaid wages in DC pro se, so the courts take it seriously

[Anonymous]

Anonymous wrote:Worst case you can sue. I know someone who won such a case of of unpaid wages in DC pro se, so the courts take it seriously

Suing will be tough since the company is in Illinois.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Worst case you can sue. I know someone who won such a case of of unpaid wages in DC pro se, so the courts take it seriously

Suing will be tough since the company is in Illinois.

It doesn't matter where the company is. The state where you work for them would be an appropriate jurisdiction to bring suit in. And they have to have a registered agent to accept service in every jurisdiction that they do business in.

[Anonymous]

Anonymous wrote:

Anonymous wrote:Worst case you can sue. I know someone who won such a case of of unpaid wages in DC pro se, so the courts take it seriously

Suing will be tough since the company is in Illinois.

That’s no problem, but they probably don’t have the money so even winning the suit won’t help on a practical level.

[Anonymous]

If you can do it, I'd have a lawyer draft a letter demanding your pay. Don't wait for that - two missed paychecks is not the time to wait and see.

Is there anyone you can call to find out what's going on - or at least what they will tell you is going on?

What industry is this?

Sorry OP - this sounds terrible. Def be looking for another job right now.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Worst case you can sue. I know someone who won such a case of of unpaid wages in DC pro se, so the courts take it seriously

Suing will be tough since the company is in Illinois.

It doesn't matter where the company is. The state where you work for them would be an appropriate jurisdiction to bring suit in. And they have to have a registered agent to accept service in every jurisdiction that they do business in.

Yes but contracts often have jurisdiction requirements where the employment is in a different state and no one knows what OPs arrangements are. There may be a contract and maybe not. I was just pointing out that with so little information it might not be as easy as people implied.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Worst case you can sue. I know someone who won such a case of of unpaid wages in DC pro se, so the courts take it seriously

Suing will be tough since the company is in Illinois.

It doesn't matter where the company is. The state where you work for them would be an appropriate jurisdiction to bring suit in. And they have to have a registered agent to accept service in every jurisdiction that they do business in.

Yes but contracts often have jurisdiction requirements where the employment is in a different state and no one knows what OPs arrangements are. There may be a contract and maybe not. I was just pointing out that with so little information it might not be as easy as people implied.

If they aren't paying her, they aren't going to pay a lawyer to fight a lawsuit for this small amount of money. She should file in small claims court near her, and let them come in to argue that's not the correct jurisdiction. What's more likely is they will at least pay her something in exchange for dropping the suit.

[Anonymous]

Anonymous wrote:Sounds like cash flow problems and the owner is blaming the payroll company. Start applying for new jobs immediately.

Yep. A red flag/ very bad sign.

[Anonymous]

I am sorry you are having to deal with this on top of an already full plate OP!

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:Worst case you can sue. I know someone who won such a case of of unpaid wages in DC pro se, so the courts take it seriously

Suing will be tough since the company is in Illinois.

It doesn't matter where the company is. The state where you work for them would be an appropriate jurisdiction to bring suit in. And they have to have a registered agent to accept service in every jurisdiction that they do business in.

Yes but contracts often have jurisdiction requirements where the employment is in a different state and no one knows what OPs arrangements are. There may be a contract and maybe not. I was just pointing out that with so little information it might not be as easy as people implied.

No, she would have a statutory claim under her jurisdiction's wage and labor laws. You can't contract around those with forum selection and choice of law clauses.