problem with current employer--advice please

[The Wrath]

Here's the story...

I moved away from my job on a university research project in May to go stay with my fiancee for the summer, but I remained on the payroll and worked through email. I had a job offer pending from another employer that I was keen to take, but the processing was taking forever. So, at the end of the summer, my employer agreed that I could move back and resume full-time work, until I heard about my other job offer. The only stipulation was that I would have to stay until the end of the semester.

I agreed, on the condition that I would start work on September 11th and work 39 hours/week (the maximum I was allowed by the university). I was recently contacted about the new job, and they said that I could come to work, and I had a 6 month window within which to set a start date. In keeping to my promise to my present employer, I told them I would come in January, so that I can finish out my obligations here.

Here's where it gets complicated. About a week ago, my supervisor informed me that I was not on payroll yet. The reason for this is that I graduated in August and, as an ex-student, I had to be taken off payroll and then put back on again. I was not informed of this until I had already worked for 2 weeks. I didn't even know that I had been taken off payroll in the first place, much less that I had not been put back on. It has now been 3 weeks, and I am still not on payroll.

So, in my mind, the university owes me an amount of money that would be quite significant to someone in my situation. But, according to my supervisor, they have no intention of paying me. I suspect that this is my supervisor's fault for taking his own sweet-ass time in getting the proper paperwork through. He is also the one who told me I could come to work on the 11th, while failing to tell me that I would have to be put back on payroll. So, I now have a month's worth of bills to pay without the paycheck to cover my losses. I have more than enough money to pay the bills, but I wouldn't have come back if I thought that doing so would result in a net decrease in my bank account.

I held up my end of the bargain. Someone is not holding up the other end. I want my money, because I did not agree to work for free for a period of 3 weeks. I am considering calling my new job and changing my start date, then finding an apartment and moving as soon as I can. This is not breaking the promise I made to my employer, because my employer is the one that has not held up its end of the bargain.

So, for advice, should I cut my losses and tell my employer that I'm leaving? If not, what legal options are there to see to it that I get my money?

Sidenote: When discussing a scandal such as this, I figure it's not a good idea to mention either my current employer or the new one, so please don't ask. If you know who they are from previous conversations, please don't mention them in here. Thanks.

[JASKN]

If you find conclusively that you are not going to receive the money for those three "free" weeks, and there is either no way at all or a way around it not worth the time, get the hell out of there and tell your employer it was unfortunate that he wasn't honest with you.

And congrats on the new, better job!

[The Wrath]

Okay, I have to stick up for my supervisor for a second. I don't think he was dishonest. I think he made an honest mistake in thinking that I would be paid for that time.

However, thanks for the advice. I'm definitely leaning in that direction, but I at least want to listen to my dad's opinion first. Then there's the issue of whether or not I can change my start date and find an apartment in time.

If my parents agree that that is the best move, then I'll try to get out, but I can't do it if I can't change my start date or find a place to live that quickly. Then, of course, I'd have to pay a reletting fee on an apartment that I have, so far, only lived in for 3 weeks, but that's probably the least of my worries right now.

And thanks for the congratulations. Whenever it happens to be, I can't wait to move and start my new career.

Edited September 28, 2006 by Moose

[bobsponge]

If it ends up being a collection issue, filing a small-claims suit over debt collection at your county courthouse is cheap just about anywhere, shouldn't be more than $100 including the fee for the documents to be served. Better to collect part of something than all of nothing. Sometimes it's just the kick in the pants slow payers need.

[The Wrath]

Well, here's my thing. I'd rather go ahead and move anyway. I'll end up making more than enough money to cover my losses if I can start the new job a little earlier. So, this could work out to my advantage, in that it gives me an excuse to go to the better job.

[JASKN]

It sounds like you've pretty much made up your mind already.

[The Wrath]

Not necessarily. There are still a lot of unknowns that I have to deal with. Leaving would certainly be my preference (as it stands right now), but a number of things could happen to change that.

I was just wondering what opinions other people have.

[Spano]

It's hard to offer any solid advice on limited context. But one thing's for sure: if you worked, they owe you a paycheck. I see no reason why some missed paperwork would stop that from happening. As for the choice of whether to move or not, I'd say you need to check whether they will indeed pay you, and then meet your obligations accordingly.

[khaight]

It's hard to offer any solid advice on limited context. But one thing's for sure: if you worked, they owe you a paycheck. I see no reason why some missed paperwork would stop that from happening. As for the choice of whether to move or not, I'd say you need to check whether they will indeed pay you, and then meet your obligations accordingly.

This is a key point, I think. It's one thing for a legitimate error to have caused to to not get paid for some work. But when they say they will never pay you for that work, that crosses a moral line. You did the work on the basis of a stated agreement that you would be compensated. If your employer breaks that agreement, you don't owe them a thing after that. And if your employer's character is such that they don't understand the nature of that moral breach, you'll be safer getting away from them as quickly as possible.

If they won't make good on a clear injustice like this one, why should you trust them to do right by you in any lesser situation?

[The Wrath]

Problem solved. I'm gonna get paid, but I have to wait until December for my paycheck from the last month. I should get the others at the normal times.

[JASKN]

Congrats. Out of curiosity, can I ask who approved the payment? Whose mind was changed?

[The Wrath]

No one's. My boss found a way around the university's rules without actually breaking any.

[Lathanar]

No one's. My boss found a way around the university's rules without actually breaking any.

Glad it worked out. FYI, the department of labor is who to contact about these things if there is still issues.