Employer not paying

Acem9 · 19-11-2024 08:23AM #1

I have been with a small business for 6+ months I thought everything was going well, however I have not been paid in 5 weeks, I am for a confrontational person so even trying to bring this up with my boss more than once is hard for me.
my boss is aware that the wages has not been paid and says every day it will be sorted but it is not, I have bills to pay and I can’t keep waiting

Should I take this as a hint to quit? Would a boss withhold wages to try and get me to leave?

Jim_Hodge · 19-11-2024 08:29AM

Look for another job.

Glaceon · 19-11-2024 08:32AM

This happened to me a long time ago but it was nothing to do with me personally, the company was on its last legs and was holding back wages to pay debts. They closed within a few months.

JVince · 19-11-2024 08:32AM

As an employer myself - both good times and bad times - staff wages take precedence over everything.

The minute you delay wage payment, productivity drops. Not due to staff purposely dropping productivity, but their heads suddenly have other issues to contend with.

If the bills are such that wages cannot be paid for a few weeks, you can be sure things are not good and you are possibly on a drowning ship.

I'd write a short polite letter explaining you enjoy the work but that you have your own bills mounting up and it is becoming stressful and that you have no option but to look elsewhere for employment as you need to be able to depend on payment of wages.

By keeping it simple and factual (3 or 4 lines), you keep the option of staying there if wages are paid and also means you have given notice that you are job hunting.

Oscar_Madison · 19-11-2024 08:33AM

Look for another job but I wouldn’t be working in the meantime - I assume you were paid weekly? So it’s not 1 weeks wages you’re owed it’s 5 - somethings up - you’re not there long enough to have recourse to the unfair dismissals act etc - your boss can let you go at any time without fault - you need to write all of this down on paper and send it electronically for record - it’s very possible the business is in trouble

Acem9 · 19-11-2024 08:35AM

The business is successful, I know they are not on its last legs, only 3 people employed and I know the other person is getting paid they are friends with boss

Acem9 · 19-11-2024 08:38AM

I get paid fortnightly, only part time hours but I still rely on the money to cover bills and everything else, this is the busiest time of year for work so doing extra hours and still not receiving anything is so upsetting. Each day I have been promised it will be sorted but I have received nothing, credit card is nearly maxed out waiting for wages to come through

Deeec · 19-11-2024 08:43AM

https://www.boards.ie/discussion/comment/122856113#Comment_122856113

How do you know the business is successful? A business may look busy and you may be flat out with work, but still may have high debts. Revenue. creditors and banks are probably pressuring for payment - you are bottom of his list to be paid because you are not making a fuss.

You need to go to your boss and say you need your money today. Im guessing you are not management and probably not on a huge wage. If he cant pay you your wages today then its a bad sign - walk away now and stop working for nothing because it sounds like you may never get paid.

Peregrinus · 19-11-2024 08:45AM

Paying your employees what is owed to them when it is due is an abolutely basic entry-level requirement for being an even minimally competent employer.

Ring your employer in the morning and say you won't be coming in that day, or any day after that, until you have been paid in full — "paid in full" meaning that the money is in your bank account, not that he assures you he has authorised the payment. Tell him also that if you haven't been paid within 3 business days you'll treat yourself as having been dismissed and you'll be taking a case for wrongful dismissal against him.

All of this almost certainly means that you will probably lose this job, if not immediately, then fairly soon. But think of it as cutting your losses — this is not a job you want, and this strategy minimises the amount of unpaid labour you do before losing the job. Plus, you will at least salvage some self-respect.

JVince · 19-11-2024 09:05AM

https://www.boards.ie/discussion/comment/122856141#Comment_122856141

wrong approach. The minute they stop coming in is when the clock stops on future wages.

Once hours are being worked there's a statutory entitlement for payment. So firm polite short note and start looking around for a new employment. But to stop working out of spite when you have no other immediate work to go to, is the wrong attitude and won't endear you to other employers.

And whilst there are plenty of jobs out there, it might be the case of the hours suiting and that may not be available elsewhere.

Peregrinus · 19-11-2024 09:27AM

https://www.boards.ie/discussion/comment/122856194#Comment_122856194

If the employer hasn't paid (after five weeks!) for the work already done, the chances that he's going to pay for any work done in the future are not great. The object here is to avoid doing yet more unpaid work, not to keep the job because, honestly, who wants a job that you don't actually get paid for?

This isn't a case of a payroll glitch meaning the pay comes two or three days late — I'd accept that, one-off, provided that the employer was sufficiently apologetic and sufficiently proactive in dealing with the matter. But this pay is five weeks late. Seriously, if the employer is so massively in default when it comes to the absolutely basic central obligation an employer has, how reliable to do you think he's going to be in relation to all the other things an employer should be doing, like paying social insurance, effecting and maintaining employer's liablity insurance, ensuring a safe system of work, providing proper training and supervision?

Find another job as soon as possible. If you you want to keep working in this job while you look on the off-chance that you might get paid, be my guest, but it's a pretty long shot. And, if you don't get another job, you're better off on the dole. At least that does actually get paid.

cw67irl · 19-11-2024 09:52AM

Complain to WRC ASAP

spaceHopper · 19-11-2024 11:31AM

November it tax time for the year 2023. I reckon there are problems and this is not a mistake. Email you boss and say you need to be paid now as this is causing you finical hardship - don't explain beyond that. Start looking for a new job asap. Keep it in writing, if you aren't paid in full this week go to the WLRC as you want to be first in there before they close. They might be trying to trade through Christmas bring in as much money as possible and then close up in the new year.

Once you've been paid get a new job as soon a possible this ship is sinking

JIdontknow · 19-11-2024 11:56AM

Confront them about it. You say you're non confrontational but it's your money… If someone took your wallet from your hand would you confront them or just let them keep it? Don't get into details just explain you are owed x days, and need the wages owed, you don't need to elaborate or they may pick holes in it or partially pay you to keep you going, and keep it in writing. And definitely start looking for a new job, at this time of year places may be looking for temporary staff etc. to cover the Christmas period… This behavior probably won't change from them, and if you just phone up and say you're finished or not coming in they probably won't flinch, could be possibly what they are hoping for, and you probably won't get the money easily.

notAMember · 19-11-2024 12:58PM

All the alarm bells are blasting.

This happened to me in the past, I was paid monthly, the boss actually called me in and gave me about 1/4 of my wages in cash, and said the rest would be along after the cash flow was resolved. I think he did that out of his own pocket to be fair to him, as he felt very guilty about the mess he was in.

I took that as a clear warning sign the business was about to tank, and sent out CVs and phoned the usual recruitment people that evening. I had another job lined up pretty quickly, can't remember exactly, but all together I think I missed 7 weeks wages total. I continued to go in, and work (taking a few hours here and there for interviews at lunchtime). I gave them 1 weeks notice in the end as I hadn't been paid and for me this was a breach of contract anyway. I never got any of the backpay to this day, and it also caused some hassle with PRSI and tax etc afterwards as they also weren't paying that for a few months before we started to feel it in our pay.

Some people held out 3 or 4 months. The company closed in the end.

Buddy Bubs · 19-11-2024 01:16PM

I do payroll here for 60 odd people, no way would I delay their wages by even a day I get phone calls if there is an hours delay with their banks bever mind a day or 5 weeks!

One year over xmas I made a mistake with bank opening days and staff didnt get paid on thursday like they should have and had to wait until Friday I got 7 or 8 texts before 10 a.m. on thursday, my mistake.

They either think nothing of you not to pay you or are in big financial difficulties, unless you are high up in finance you wouldnt know if they are in trouble or not, there have been loads of busy companies went bang.

Either way, demand your payment, they are treating you badly. And then look for another job if that is a possibility.

JVince · 19-11-2024 01:43PM

https://www.boards.ie/discussion/comment/122856483#Comment_122856483

Payment of wages is protected under statute. So rather than sit at home doing nothing, I say that they should continue to work and at the same time be looking for alternative employment.

If they say they are no longer coming in, they can be dismissed immediately as they are only there a few months and only money due to that minute would be paid.

Hence a poor decision and the way you put it, it was suggested to do it out of spite.

Employees have huge protections on the payment of wages - even if a company goes bust, the wages are protected.

So best advice is to continue working and build up what you are owed whilst actively look for other employment.

Most employers will give absolute priority to wages above all other payments.

19-11-2024 05:23PM

https://www.boards.ie/discussion/comment/122856115#Comment_122856115

you simple cant work for nothing. Hand in your notice and sign on for u employment

Dial Hard · 19-11-2024 05:27PM

As others have said, ongoing delays with payroll are a classic sign of a massive cashflow issue in a business. I'd be checking with Revenue to see if your contributions have been made correctly, going back further than just the five weeks in question.

Just because works seems busy to you doesn't mean the company isn't in serious trouble. I'm sure most of the staff in Shanahan's on the Green thought everything was going fine too, til it literally closed overnight.

Either way, I'd be looking for a new job.

Peregrinus · 21-11-2024 01:26AM

Employer not paying you for five weeks and fobbing off your requests to sort the matter out, and you walk: you'll have an excellent chance of succeeding in a constructive dismissal claim.

callaway92 · 24-11-2024 08:02PM

https://www.boards.ie/discussion/comment/122864163#Comment_122864163

If the Employer is a Limited company, and there's an award against them, they can just liquidate.

If it's a Sole Trader he can just say he doesn't have any money to pay. There's no accountability.

carveone · 24-11-2024 08:32PM

https://www.boards.ie/discussion/comment/122858401#Comment_122858401

You might also check with the CRO (https://core.cro.ie/) and check your company's B1C filings. If they haven't filed, that might be a sign that they're going for "strike off" (my ex-company did this). You'll get not a penny, not even from the WRC, if the company no longer exists to claim against and you'll never know until suddenly they aren't there any more.

Jim2007 · 27-11-2024 02:44PM

https://www.boards.ie/discussion/comment/122879488#Comment_122879488

That is simply not true and I have processed such claims. The statutory amounts will be paid by the Department of Social Protection.

callaway92 · 27-11-2024 02:53PM

https://www.boards.ie/discussion/comment/122892387#Comment_122892387

Yes, statutory amount will be paid. Yay.

Literally nowhere in my post is incorrect. What is incorrect? The employer wont be paying.

Congrats on processing such claims. Good man.

Employer not paying

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