Payroll Not paid in 5 Months. What are his rights, Law and Halacha

[Hershelsdeals]

A close relative of mine works at a school (Jewish) and has not got paid in 5 months.

1. What are his rights, according to the law

2. What's the most effective way to get the school to pay according to the law

3. Can he file a complaint at the Department of Labor according to Halacha?

4. Beisdin ruled for a different employee that the school must only pay a tenth of what they owed him within 90 days, the reason for that is because the school claimed that they don't have Money to pay, so they were just Mechaiv a tenth.

Hence Beisdin will be a waste of time and Money.

I'm looking for Lawyer referrals.

And a respected Ruv to go to for Heter to go to court or the dept Of labor.

[incendia]

I thnk by law you can seek damages of 300% for with holding wages, but if the school doesnt have the money you would hve to go after the assets.

good luck

[kangarruu]

A close relative of mine works at a school (Jewish) and has not got paid in 5 months.

1. What are his rights, according to the law

2. What's the most effective way to get the school to pay according to the law

3. Can he file a complaint at the Department of Labor according to Halacha?

4. Beisdin ruled for a different employee that the school must only pay a tenth of what they owed him within 90 days, the reason for that is because the school claimed that they don't have Money to pay, so they were just Mechaiv a tenth.

Hence Beisdin will be a waste of time and Money.

I'm looking for Lawyer referrals.

And a respected Ruv to go to for Heter to go to court or the dept Of labor.

This really depends on the state. Which state?

[Hershelsdeals]

This really depends on the state. Which state?

NY State

[Hershelsdeals]

I thnk by law you can seek damages of 300% for with holding wages, but if the school doesnt have the money you would hve to go after the assets.

good luck

The school owns the building

[lubaby]

Besides for the one other guy you mentioned, what's happening with everyone else that works there? Have they also not been getting paid?

[Hershelsdeals]

Who can I consult with? Regarding Law and Halacha? Willing to pay.

[Hershelsdeals]

Besides for the one other guy you mentioned, what's happening with everyone else that works there? Have they also not been getting paid?

Same situation,  some just quit, the others are here because they were hoping that they will get paid. The school is taking advantage that we are Jews and won't take then to court. 1 Beisdin already took a stand, and they only agree to go to that beisdin.

I want a heter to go to court.

[noturbizniss]

I find it very hard to believe that the bigwigs are not getting their paychecks.  such a chillul hashem

[3yummyboys]

I have no idea which mosad you are referring to, but I can tell you that many, many yeshivas are struggling to pay their bills. I know personally of a yeshiva in which they are very behind on payroll and the "bigwig" who decides when and who to pay will not take a paycheck until all of the other staff has been paid.

I don't think you can fault a yeshiva for having no money (unless they are not being honest about having the $ to pay). Unfortunately, it is just a reality for many yeshivas. A person can decide not to work for a yeshiva in this situation, but I don't believe taking them to court will have any benefit. The school is not denying that it needs to pay. They just don't have the funds.

[dealfinder85]

I find it very hard to believe that the bigwigs are not getting their paychecks.  such a chillul hashem

its the way of the jews
http://forums.dansdeals.com/index.php?topic=13937.msg1075279#new

[noturbizniss]

I have no idea which mosad you are referring to, but I can tell you that many, many yeshivas are struggling to pay their bills. I know personally of a yeshiva in which they are very behind on payroll and the "bigwig" who decides when and who to pay will not take a paycheck until all of the other staff has been paid.

I don't think you can fault a yeshiva for having no money (unless they are not being honest about having the $ to pay). Unfortunately, it is just a reality for many yeshivas. A person can decide not to work for a yeshiva in this situation, but I don't believe taking them to court will have any benefit. The school is not denying that it needs to pay. They just don't have the funds.

you need to be able to pay your emplyees on time. its a halacha in the torah as mush as, if not even more so then tefillin.  definitely more so than many of the chumra's people take on themselves. get your finances in order or don't open a yeshiva.  5 months is absolutely ridiculous.  a few weeks, fine, but 5 months? 

[Hershelsdeals]

you need to be able to pay your emplyees on time. its a halacha in the torah as mush as, if not even more so then tefillin.  definitely more so than many of the chumra's people take on themselves. get your finances in order or don't open a yeshiva.  5 months is absolutely ridiculous.  a few weeks, fine, but 5 months?

[springles]

you need to be able to pay your emplyees on time. its a halacha in the torah as mush as, if not even more so then tefillin.  definitely more so than many of the chumra's people take on themselves. get your finances in order or don't open a yeshiva.  5 months is absolutely ridiculous.  a few weeks, fine, but 5 months?

just playing devil's advocate... So what should they do? Close the school?

[benjie1305]

I have no idea which mosad you are referring to, but I can tell you that many, many yeshivas are struggling to pay their bills. I know personally of a yeshiva in which they are very behind on payroll and the "bigwig" who decides when and who to pay will not take a paycheck until all of the other staff has been paid.

I don't think you can fault a yeshiva for having no money (unless they are not being honest about having the $ to pay). Unfortunately, it is just a reality for many yeshivas. A person can decide not to work for a yeshiva in this situation, but I don't believe taking them to court will have any benefit. The school is not denying that it needs to pay. They just don't have the funds.

Of course you can. They must be able to pay employees for their work. In addition to that, I don't think any person is taking a job thinking he won't be paid. You think they told him/her that they won't be able to get paid? I assume the answer is no. Thus the complaint about not having been paid in 5 months.

[Achas Veachas]

Again, the litmus test would be if:

I find it very hard to believe that the bigwigs are not getting their paychecks...

[Hershelsdeals]

just playing devil's advocate... So what should they do? Close the school?

Yes. 3 years ago the same thing happened , a new boss came in and claimed he's only responsible for the future, they could pull that off again

[Hershelsdeals]

Any recommendations?

[AsherO]

@OP

What's this guy's gameplan? If the school actually has assets (besides the building) and is lying, can't BeisDin rule they have to pay? If the only asset they have is the building, then mortgaging it might not pay all their outstanding debts, so even if he could compel them to do so it's a short-sighted/short-term solution which doesn't actually solve his employment issue long term.

I guess maybe you're saying he's looking for another job ASAP anyway (not sure if that's so simple in the middle of the school year), and your questions are about their past/current debt to him.

[Hershelsdeals]

@OP

What's this guy's gameplan? If the school actually has assets (besides the building) and is lying, can't BeisDin rule they have to pay? If the only asset they have is the building, then mortgaging it might not pay all their outstanding debts, so even if he could compel them to do so it's a short-sighted/short-term solution which doesn't actually solve his employment issue long term.

I guess maybe you're saying he's looking for another job ASAP anyway (not sure if that's so simple in the middle of the school year), and your questions are about their past/current debt to him.

I have no idea what his game plan is.

I assume he's a crook. Now It must be dealt with before it's to late

He claims he's not the one responsible,  claims the board is, the board claims they are not responsible and won't talk to anyone, and if someone wants come out they can go to Beisdin. Problem is Beisdin already hinted what the outcome will be most likely be.