Employer didn't pay me

[Adrasteia]

Re: Employer didn't pay me

Entitlement to pay will depend on the express terms in his contract of employment

You cannot deduct pay for being late unless contractual provision permits, i would think that contractual term would be an unfair term as such issues as lateness will be part of the employers own disciplinary process

The normal process by agreement is to "work off" that deficit with "Unpaid overtime" by mutual consent to make up any lost time

That may be true for a salaried employee but what about the people who still 'clock' in and out.

They are paid for the hours they work, so if they are 10 minutes late for the start of the shift they will not be paid for those 10 minutes , of course if they then work over by 10 minutes it would make the pay up

[matt3942]

Re: Employer didn't pay me

The employer has clearly acknowledged that the OP is entitled to be paid, and I'm not aware of any reason the OP wouldn't be entitled: it is clear the OP was working under a contract of service, not a contract for services, and even if the OP was late for work that doesn't discharge the employer of it's duty to pay for the hours that were worked, i.e. the hours for which consideration was given.

- Matt

[dan_1207]

Re: Employer didn't pay me

There's clearly no point in me explaining this further to you.

[Amethyst]

Re: Employer didn't pay me

Maybe adxable will come back and tell us what happened, he hasn't actually been back on since 40 minutes after posting the thread so really no point falling out over it xxxxxxx

[matt3942]

Re: Employer didn't pay me

[MENTION=62240]dan_1207[/MENTION] - I'm sure we'd all appreciate having you explain to us exactly how the OP would not be entitled to payment for the hours worked, otherwise perhaps you'd be kind enough to dispense with the condescending comments.

- Matt

[dan_1207]

Re: Employer didn't pay me

@dan_1207 - I'm sure we'd all appreciate having you explain to us exactly how the OP would not be entitled to payment for the hours worked, otherwise perhaps you'd be kind enough to dispense with the condescending comments.

- Matt

It's a very simple contractual argument (see my post #3 re: consideration).

I would happily explain it to you but as you said, "moot point".

(My post is not condescending, it's simply pointing out I'm getting nowhere in explaining something to you - something you're doing well demonstrating entirely on your own.)

[matt3942]

Re: Employer didn't pay me

You're talking about the difference between a contract of service, and a contract for services, which I've already discussed.

From the exchange between the OP and his former employer the likelihood is that the OP was on a contract of service (a contract of employment), which means the employer has a duty to pay the OP for the hours worked, regardless of his lack of punctuality.

However, even on a contract for services the employer would have a duty to pay the OP for the work carried out before terminating the contract for non-performance.

There are no circumstances in which the employer would not have a duty to pay the OP for the work he carried out, even if it was just for one hour

You're getting nowhere because you haven't actually explained anything; you made one relevant comment then disagreed with my reply with no explanation. If you disagree please do explain why, not simply say you disagree.