What happens if my boss doesnt pay me

It is not uncommon for an employer to make a mistake when paying wages. Once notified of such a mistake, most employers will correct the mistake, by paying the shortfall. However, it may be that your employer does not agree with you and your advisers.

It could be, for example, your employer interprets a clause in the Award differently to you. A discussion about this difference can sometimes result in agreement. If you cannot reach agreement with your employer, you have the option of lodging a complaint with the Fair Work Ombudsman. Usually, the Fair Work Ombudsman will only investigate a complaint that you have not been paid in accordance with the relevant Award or Enterprise Agreement — i. The Ombudsman is unlikely to investigate a claim of breach of contract — i.

The rules of evidence do apply. Unless you are very familiar with the rules of evidence and court procedure, you should engage a lawyer. Legal representation will come at cost as litigation is labour intensive, and solicitors and barristers lawyers expensive — but can you afford to not be represented? That is, each party pays their own legal costs. If a party behaves unreasonably, the party can be burdened with a costs order. The deadline for applying to the tribunal is 3 months less a day from when you should have been paid the money.

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Grow Your Legal Practice. Meet the Editors. What do I do if my boss is underpaying me? Find out what you can do if your employer refuses to pay you minimum wage. Answer First of all, hats off to you for looking up your rights. Talk to a Lawyer Need a lawyer? Start here. Practice Area Please select Zip Code. How it Works Briefly tell us about your case Provide your contact information Choose attorneys to contact you. For Employees.