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I recently left a doctor's office where I was working as an Lab Nurse straight from completing my degree. I started there in Jan and since May 15th the company has been missing payroll. Scheduled pay days are the 1st and 15th of the month but since May the staff including the physicians has been getting paid when the company has funds to pay us. Which is usually a week to a week and half. Or if they have some funds then the office would come around and ask who can wait for their paycheck and who need their check now. I still haven't received my last check and when I asked about it the office manager replied that she would contact me when its ready. Working for this medical practice has messed up my career with this company because I had to resign abruptly due to missed pay. More employees and physicians has also resigned because of this ongoing matter. I have back bills with late fees that I'm still trying to catch up on and loans I took out to stay afloat.

Is there some type of civil suit I have against this company? I don't have the funds for a lawyer but maybe I could get the process started at my local city courts and represent myself. Any type of legal advice would be helpful.

closed as off-topic by DarkCygnus, Jim G., The Wandering Dev Manager, gnat, Twyxz Sep 18 '18 at 7:05

This question appears to be off-topic. The users who voted to close gave this specific reason:

  • "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – DarkCygnus, Jim G., The Wandering Dev Manager, Twyxz
If this question can be reworded to fit the rules in the help center, please edit the question.

  • 1
    Hey Alisha, welcome to The Workplace. Asking for legal advice is off-topic here (it's even off-topic on Law.SE). Thus, I ask you to rephrase your question so it can be answered. Please read our help section to get to know your way around here, and feel free to ping me (@) if you need anything. – DarkCygnus Sep 17 '18 at 23:59
  • Also, consider asking this to a lawyer to see if you have any recourse you could pursue – DarkCygnus Sep 18 '18 at 0:02
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If you are in the US then take it to your state employment commission. They have teeth. They can shut the company down. They have twice collected for me.

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Is there some type of civil suit I have against this company? I don't have the funds for a lawyer but maybe I could get the process started at my local city courts and represent myself. Any type of legal advice would be helpful.

If you haven't been paid, take them to Small Claims Court. You won't need a lawyer there.

First, send them a demand letter telling them to send your check by a given date (within a week or so) or you will sue. If they still don't give you everything you are owed then file a claim in Small Claims Court. There will be a small filing fee which you could potentially win back.

Make sure you know the full amounts so that you know how much to sue for. Basically, you'll get one shot. And check to make sure that the amount is less than or equal to the maximum permitted in your locale.

I have back bills with late fees that I'm still trying to catch up on and loans I took out to stay afloat.

Unfortunately, those are your responsibility. You won't likely be compensated for late fees or loan costs.

If you are actually getting paid, but just late, then you may be better off just living with it than going through court.

  • Not sure about your country but here in Australia small claims court is pretty much useless. If the defendant even shows up the decisions are not binding and to make them pay you still need to take them to a magistrates court anyway and demand the local sherrif make them pay. That all comes at a cost of course, so to recoup whatever you're after will cost you up to $4000 which usually means it isn't worth it. Bottom line is it only works on honest people. Its the world we live in. – solarflare Sep 18 '18 at 0:07

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