Author Topic: Legal action?  (Read 3755 times)

Mathyu

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Legal action?
« on: November 28, 2014, 07:08:51 PM »
Okay so long story short:

I worked at a company for 4 months.

I left this company the Wednesday just gone past.

I had no contract with this company.

This company pays on the last day of each month (or the last Friday).

I have spoken to a co-worker of mine, the co-worker has been paid for the month's work, but I have not (I have left for a new job).

What should I do in order to get the money that is owed to me?

Murse

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Re: Legal action?
« Reply #1 on: November 28, 2014, 07:23:41 PM »
Have you tried contacting the company in question?? Or are you just going on this buddies word?

Dicey

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Re: Legal action?
« Reply #2 on: November 28, 2014, 09:48:56 PM »
What state are you working in?

Goldielocks

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Re: Legal action?
« Reply #3 on: November 29, 2014, 12:27:05 AM »
Okay so long story short:

I worked at a company for 4 months.

I left this company the Wednesday just gone past.

I had no contract with this company.

This company pays on the last day of each month (or the last Friday).

I have spoken to a co-worker of mine, the co-worker has been paid for the month's work, but I have not (I have left for a new job).

What should I do in order to get the money that is owed to me?

They may just need a few extra days to get the final paperwork, ei slip, etc together, or are snail-mailing it to you with a check.

Give them a call, then follow up with a verified letter explaining what is owed if you are not happy with the answer and nothing shows up next week.

Mathyu

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Re: Legal action?
« Reply #4 on: November 29, 2014, 03:55:48 AM »
Ahh sorry, I should have mentioned I'm form the UK!

Well on Tuesday I was told that we would be getting paid Friday, after I spoke to a co-worker, she confirmed she had been paid, but I had not.

I guess I'll have to wait until Monday as there is no-one in the office over the weekend... Damn...

kaetana

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Re: Legal action?
« Reply #5 on: November 29, 2014, 04:14:47 AM »
I would definitely not recommend legal action yet until you've actually spoken to their payroll department. That would be a bit drastic just for them being a few days late on payment (I'm assuming this hasn't happened before). Speak to them on Monday, and see what their response is. It's even possible they've already transferred it, but missed the deadline for your bank to process it.

Calvawt

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Re: Legal action?
« Reply #6 on: November 29, 2014, 09:57:14 AM »
I am not familiar with rules in the UK, but this would be a problem in the US.  I would call first thing Monday morning.  Just be polite and ask when you will receive it.

Mathyu

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Re: Legal action?
« Reply #7 on: November 30, 2014, 06:17:15 AM »
Thanks for your replies guys.

The full story is, I worked at this place for just over three months, during this three months I never received a contract. It's my understanding that an employer is legally bound to give a contract within two months.

I have left this job in order to start a new job that pays more per week, and pays out every two weeks.

To start this new job, I need to have courier insurance, which I needed my previous paycheck from my last employer that I've just left, to pay with.

On top of this, I'm prioritising getting rid of my overdrafts etc, my bank phoned me up a few days before I told my last employer that I was leaving, and they asked me to pay 25 into the overdraft account on the Friday (28th, just gone, which should have been payday). I was unable to do that so now I've been charged.

I've also been hit with a 50 charge on my other overdraft, which would not have happened if my money had gone in on the date it was intended to go in.

Further to that, I spoke to one of my co-workers on the Friday and asked if she had been paid, she said she had.

The company is an independent company based in Oxford UK, there are no head offices or big corporate things going on, everything is dealt with where I worked.

They've never been late on payment before, I have no contracting legally binding me to a term of holding wages by my employer, I have bank statements and payslips from the employer which prove I was working for them and paying tax etc, we all get paid on the same day, others have been and I have not been, now considering payday was only a week away from when I told them I was leaving, I don't believe they could have just glossed over and forgotten about me innocently, I'm getting late bill charges from my overdrafts and I'm getting charged for my phonebill being unable to come out of my account (it's set up by direct debit) and I can't legally start working for my new employer tomorrow as I don't have courier insurance.

The plus side to all this is that my family have fortunately decided to pay the first 70 odd pound payment for the courier insurance, but due to timing etc, they can't be sorted out until tomorrow.

Also, I was excited about seeing how much I got (should be around 1400), so that I could start automating my funds and paying off the things I need to!

johnny847

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Re: Legal action?
« Reply #8 on: November 30, 2014, 07:42:58 AM »
I don't know any of the UK laws, but definitely put all communications (aside from maybe the first phone call, to see if it was just an honest mistake) in writing, in case you need to take legal action later.