ontheway
Joined: 24 Aug 2005
Location: Somewhere under the rainbow...
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 Posted: Tue Aug 27, 2013 10:03 am Post subject: Re: Non Payment of salary and potential legal issues |
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| adzee1 wrote: |
So my boss has for 11 months constantly paid all the teachers at my school late and currently I am owed 3 months salary. My contract is up in 4 weeks and I am threatening him with legal action and also striking until he pays in full. There is some kind of "power struggle" with regards to who actually has the legal responsibility to actually pay, between my boss and a " silent partner" of the business.
I have a few questions, I will not be here ( hopefully ) to see the final outcome of the legal battle and will sign over the power of attorney to a Korean friend. Is doing this likely to impact my chances of actually getting the money ?
The more important question I have is that my boss is threatening to counter sue me and the other teachers for as he puts it " damaging his business" by going on strike until we get paid.
Will he be successful in this claim ? and am I able to leave the country if this claim is pending against me ?
Any advice is appreciated |
It's too late in this case, but as an employee I would never continue to work for two months when a whole month's pay is already past due ... just sayin'. A day or two late, even a week if there's a good reason, one time, sure ... but after that, no way.
In this case, although I understand the desire to keep working the last 4 weeks and then have a good case that you're owed 4 months' pay and worked dutifully to earn it ... There's no way that I could do that. Your boss has already breached the contract. You have no duty to work if you aren't being paid.
If I were in this position, I would stop working until I was paid my past due wages. If some of the other teachers wanted to do the same and join me, all the better.
No matter what you do at this point there is a good chance that you will never get some or all of what you've already worked for, let alone get paid for working another four weeks. |
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