LEGAL? Can I Call The POLICE If My Employer Doesn’t Pay Me?
It is really sad that Employee’s are not getting paid by their employer at their workplace in some cases. Which is really unfair! Is not it?
If you are not getting your salary PAID then what should you do? Could you call the Police? Is it legal?
If not then what does the department of labor say about the unpaid wages?
Today we are going to discuss on about this matter. So, before calling the cops, you should keep reading this post attentively to know each and every part of the unpaid wages laws by department of labor.
If you are an employee who has not been paid for any work that you have done, it is important to take action right away.
Whether this is your first time or if it’s happened before, there are legal measures that can be taken in order to help secure the wages that you deserve.
A lawyer can provide skilled representation and assist with filing a wage claim with the labor commissioner’s office. If they will not pay me, then I need a lawyer!
Keep reading this article to know what options or rights a person has if their employer won’t pay them for their hard work.
Should they call the police or take other legal action against their employer if the employer does not pay them the money what they deserve?
Can you call the cops if your Employer doesn’t pay you Timely?
No! You should not call the Police in straightforward if your employer does not pay your salary, because it is a CIVIL matter not a criminal case. Instead you can take the following actions mentioned below:
Just look at these two examples below first:
Incident 1: I have a job that is supposed to start today and they say they will pay me tomorrow. But it is already the day after and nothing yet. In this case – Can i call the cops now or it must be done in 24 hours from now?
Incident 2: I was fired from a job and now my former employer won’t pay me. I tried to call him, but he said that crazy women like myself don’t deserve any money since we’re always screaming at somebody or something!
It seems like you owe this guy some cash too because everyone owes someone their due when they do wrong in life (even if there wasn’t really anything). Shouldn’time assign police force on cases such as these?
What can I do if my employer doesn’t pay me salary?
When an employee is underpaid, wage and hour law may apply. If your employer has not paid you at all or owes any other wages for work performed on their behalf they could run afoul of minimum wage violations which DOL will likely step in to prevent .
However if exempt from this requirement then there are actions available based upon Profile 440-10 which can still recover up owed money even without hiring a lawyer.
What are my rights if my employer doesn’t pay me on time?
If you feel like your employer has been stealing from the wages that they owe to their employees, then there are steps for filing a complaint.
You can report this in order along with any information about pay stubs and other relevant data.
The Department of Labor’s Wage-Hour Division takes these claims very seriously – when individuals take advantage by not paying what is owed it causes problems beyond just one person who was wrongfully deprived; repercussions will affect many others whose livelihood depends on getting paid properly at work each week.
Can I involve the police if my employer doesn’t pay my salary?
Some legal things one should know before Calling the Police:
- If you are an employee, your employer is legally obligated to pay you for all hours worked
- Contact the Department of Labor if your employer will not pay you
- File a complaint with the court and serve a summons on your employer
- Consult with an employment lawyer about what options may be available to you
- You can also file a wage claim form with the California Labor Commissioner’s office online
What action should you take if employer does not pay you rightly?
If you think that you are not paid by your employers, you have the rights to take legal action against the employer.
Consider taking these steps if that happens:
(a) Talk to your employer to try to solve the problem.
(b) Call the Ministry of Labour, Training and Skills Development for help.
(c) File a claim with the Ministry of Labour.
(a) Talk to Your Employer:
Take a look at your employment contract. Look for information about what to do if wages are not paid properly or on time. Ask them to explain why you were not paid.
Be sure you ask the questions in a polite way and give your employer a chance to explain how they mishandled your paycheck situation.
Remember that you have a legal right to be paid for the work you do. Your employer cannot force you to accept a different arrangement.
If your employer has not paid you according to what was promised, ask them about it.
(b) Call the Ministry of Labour:
Contact the Ministry of Labour if they do not respond to your questions or pay you properly as agreed.
You can call or go to a Ministry of Labour office and talk about your problem. An officer will listen to your complaint and see what they can do for you.
The officer may ask you questions. The officer might also contact your employer to try to solve the problem without going through the courts.
They might also ask you for more information about your problem before they take any action.
You may have to go to a Ministry of Labour office in person. You can call the labour standards office closest to where you work or live and set up an appointment.
Ministry of Labour Contact Number by state:
Ontario: 1-800-531-5551
Toronto: 416-326-7160
TTY: 1-866-567-8893
File a Claim with the Ministry of Labour:
If the officer from the Ministry of Labour cannot help, you can file a claim at your local superior court.
You must be 18 years old to do this.
If the officer tells you that you are not owed any money, it is still a good idea for you to file a claim so they have it on record.
Fill in the Claimant’s Guide and Form . It is available from the Ministry of Labour’s website or from your local court.
Include information about why you think your employer owes you money.
It is a good idea to include copies (not originals) of any documents that support what you say in the forms, such as a letter telling you that your job was going to end, or information about when you started your job.
Fees may be charged to file a claim with the court, so ask how much it will cost before you pay.
Submit your Claimant’s Guide and Form at the nearest superior court office within six months after the date of termination.
The form is called “Application for Payment Under The Employment Standards Act.”
If you are not sure about something, or need more information, ask the court staff. They can help you fill out the forms properly.
When your claim is filed, a clerk will review it and make sure everything is in order. The clerk may give you some other information to read while they wait for your employer to respond to the claim.
There are other ways to file a claim, including online . You can also ask for court forms at the local superior court office.
If you win your case, you can use any of these methods to collect your money:
Take legal action against your employer. This means taking them to court and asking for permission from a judge to do what you want. If the judge agrees, the court will give the order and a sheriff will help to enforce it.
If your employer does not contest your claim or try to stop you from taking legal action, then you can start this process right away. The court will set a date for a hearing and send out notices telling you and your employer when it will happen.
If the court decides in your favour, you can use this decision as a legal order to ask a sheriff or local police for help collecting the money that you are owed. The amount of money that the judge orders your employer to pay you depends on how much they owe you.
The Ministry of Labour can give you information about how to find a job. You can also contact an employment standards officer for more information.
Employment standards officers will not represent you in your dispute with your employer or provide legal advice .
You can telephone or visit the Ministry of Labour office closest to where you live and ask them for help finding a new job.
They can also tell you about any programs to help people who are 55 or older find work.
There is no deadline for filing a claim, but it must be filed within six months of the last day that you worked for your employer.
If the court decides in your favour, you can use this decision as a legal order to ask a sheriff or local police for help collecting the money that you are owed. The amount of money that the judge orders your employer to pay you depends on how much they owe you.
In Ontario, employment standards officers from the Ministry of Labour can order employers to pay employees what they are owed if a claim is found to be valid. This is called an Order to Pay. Enforcement officers from the Ministry of Labour will write up an Order to Pay and serve it on your employer.
If you do not receive payment, contact a lawyer or the court office where you filed your claim for help enforcing this decision. The documents that enforce this decision are called “Writs of Seizure and Sale” or “Writs of Execution.”
A Writ of Seizure and Sale is a document that gives an enforcement officer the power to take certain things from your employer.
The enforcement officer can use the money collected from selling your employer’s property to pay you back for any money owed, including court costs.
There are strict rules about how this process works. You should speak to a lawyer or legal aid clinic to understand what you can expect as this process unfolds.
The Ministry of Labour enforces the Employment Standards Act and can help employees recover wages owed, issue Orders to Pay and prosecute breaches of the Act. If your employer owes you money under the Act, contact a Ministry of Labour employment standards officer and ask them to recover the wages on your behalf.
You can also file a claim with the Ministry of Labour if you have not been paid for any public holiday, vacation or termination pay owed under the Act. You must contact a Ministry of Labour employment standards officer within six months of leaving your job.
Conclusion: Instead of calling the cops/ Police You may be able to file a wage claim with the Department of Labor. If you are owed wages, it is your responsibility as an employee to report this.
Do not wait and hope that they will pay what’s due you! They might just decide never to do so and then try their best to avoid paying for any reason possible.
The Department of Labor can help enforce your rights as well as ensure that all employees receive their appropriate wages throughout California or nationally if needed.
It’s important to stand up for yourself in these cases because employers know how hard it is for people without jobs right now, but also because it could happen again at another company someday.