Boss won't pay! Any advice??

Jim Stark

Not sure if this is the right place to post, but maybe someone will have some advice. I started a new job mid July. A month had passed without getting any form of pay, I then politely "reminded" my manager that I hadn't been payed yet. He told me his computer was broken to do up the payslips.

A couple more weeks passed and still his computer is broken. It was only after 7 weeks that he payed me, but only for the first week! He said next week he'll have the rest. Next week came and he only gives me the second weeks pay.
It was coming into my 10th week working there and I got fed up, my job involved being a delivery driver, so I was using my own car and had to pay for my own petrol, and I was broke. I told him I wasn't working anymore one hour before my shift, because he wasn't paying me. I thought I was being taken for a ride. He was a bit angry about the short notice but I told him I wouldn't work anymore. He said he understood and that he would pay me the rest of my wages. I'm still waiting. We've gone back and forth a few times. He told me he's sorting it out with his accountant, and would have it last week. Never heard from him, and contacted him, but have had no response.

I worked for that money, and really need it. The thing is I don't know if I have any proof to try and make a claim or something. I signed a contract but I never got a copy. I signed a statement of wages when I got paid but again I never got a copy. So the only proof I have that I worked there is texts from him on my phone asking to come into work, and about the wages etc. Is there anything I can do about this? It feels pretty crap as you could imagine. Or did I just get screwed and that's it?? I mean it's a fairly well known legitimate place in the city centre. Thanks anyway!

Milk & Honey

Tell the employer that you want to be paid and want payslips. If these are not forthcoming say that you will be approaching the Dept of Social protection and the Revenue Commissioners. After that its over to the lawyers.

Tazz T

Tell him you're taking him to the small claims court. Very easy to do online if he doesn't pay up. But he will.

Milk & Honey

Tazz T wrote: »

Tell him you're taking him to the small claims court. Very easy to do online if he doesn't pay up. But he will.

The small claims court does not deal with debt cases. Neither does it deal with amounts over €2k.

The legal options are a claim to the Rights Commissioner or a suit in the District Court if the amount is less than €6.35K or Circuit Court if between €6.35 and €38k and High court if above.
AT the moment the courts are typically speedier than the Rights Commissioner.

buzz11

Small claims court is not suitable;

The aim of the Small Claims Court procedure is to provide an inexpensive, fast and easy way for consumers to resolve disputes

There are many government departments and organisations who's sole aim is to prevent worker exploitation.

You are clearly being exploited and need to act.

Your employer has duties to pay you, deduct tax, forward to revenue, issue you with payslips etc etc. Any decent employer knows this off the top of their head.

While you've informally requested your entitlements from your employer, he's clearly dodged them so you need to formalise the requests so that it goes on record.

First step is contact these people;
http://www.employmentrights.ie
They will give you good guidance.

Get a move on and make that call, your employer is treating you like you came down in the last shower and your falling for it !!

Request the following from him, verbally first, then in writing the next day;
-copy of your employment contract (that will tell you if your paid weekly or monthly)
-copy of your timesheets
-copy of your payslips

Ask him when will he supply the above to you? Be specific with him. If you don't have them in 7 days then get back onto www.employmentrights.ie and report him.

Hopefully you can salvage a working relationship with him but it sounds like he's a cowboy.

Jim Stark

Thanks for the advice everyone. Buzz11, you're absolutely right. I'm going to contact those people like you said, and see what they say, and I'll update what's happening. I've no interest in salvaging any relationship with him also, as I've quit, and I'm definitely not going back to work for him. I wasn't even the only one, he hired two other people at the same time as me, and we were all in the same situation but I was the only one who quit. I'll let you know.

buzz11

You quit ??

That means you've broken the contract (all-be-it in tatters already) so now you've got to proceed the formal route.

I'm not an expert but I reckon you will have to go the route of "constructive dismissal" and all the details are here;
http://www.citizensinformation.ie/en/employment/unemployment_and_redundancy/dismissal/constructive_dismissal.html

Good luck, keep us posted!

slimjimmc

buzz11 wrote: »

You quit ??

That means you've broken the contract (all-be-it in tatters already) so now you've got to proceed the formal route.

I'm not an expert but I reckon you will have to go the route of "constructive dismissal" and all the details are here;
http://www.citizensinformation.ie/en/employment/unemployment_and_redundancy/dismissal/constructive_dismissal.html

Good luck, keep us posted!

Surely the employer is the one who has broken the contract by consistently failing to pay the agreed wages at the agreed time. I hope the OP gets his ar5e in gear rapid because it sounds like this guy has some serious cash problems and if he goes under the OP might have to say bye bye to any wages.

buzz11

Surely the employer is the one who has broken the contract by consistently failing to pay the agreed wages at the agreed time.

Yes, your right, contract well and truly busted but if the employee continued to turn up for work at least he was fulfilling his side of things.
Also must bear in mind that in employment law, the burden of proof is on the employer not the employee.

Milk & Honey

Unfair dismissal , constructive or otherwise has nothing to do with this. The o/p was not employed for a period of more than 1 year.It is a claim for unpaid wages.
A claim can be made to the Rights Commissioner or a suit can be initiated in court. It may be possible to claim from the Rights Commissioner under the Terms of Employment Act if written terms of employment were not supplied.
At the moment it takes a long time to get a hearing before the rights Commissioner. The courts are quicker.

ted1

Have you changed your insurance? He should really provide you with a van to do deliveries in

Kosseegan

ted1 wrote: »

Have you changed your insurance? He should really provide you with a van to do deliveries in

the o/p is no longer working in the job. Insurance is irrelevant at this stage.

Jim Stark

I've requested the contract, time sheets, and payslips, from the manager, also in writing on the 26th. I've had no response. I'm now going to refer a complaint to the rights commissioner under the payment of wages act, and also the terms of employment act (thanks Milk & Honey). On the IRC website, is says I should inform the employer that I'm making the complaint first, so I will send that letter tomorrow.

Also Milk & Honey, you said it can take a long time to be heard by the Rights Commissioner, and that courts are quicker, but I don't know how to go about going through the courts. Would I have to hire a lawyer?? Would that be more expensive?

Thanks. Also yes I'm no longer working at the job.