Photo : Shutterstock

You may have a great job, love your coworkers, and get along with everyone—but those things don’t keep the paychecks flowing. If your employer suddenly stops paying you, either with a promise to make it up later or no explanation at all, you have rights. Here’s what you need to know.




The answer may not be as easy as it seems: You like your job, and all you want is to be paid for your work so you can keep working. Of course, quitting is always an option, but then you’d be without money and without a job, so that isn’t really an enticing possibility, is it?



It’s easy to just say “threaten to quit/quit/sue,” but the real world is more complicated. Maybe you’ve complained and your boss gave you a check for some of your back pay, but it’s happened again. Maybe this is the first time this has happened, or everyone else is in the same boat you’re in.


To tease out all of those possibilities and figure out the best thing to do, we sat down with an expert who’s worked on cases like this before: Employment law expert and attorney Elizabeth Unrath.

It’s illegal for your employer to not pay wages for hours worked

This situation is actually far more common than you might think. Whether it’s an office worker on a salary, an intern who’s been promised a stipend and doesn’t get it, or a waiter who collects their tips but never actually gets their supplemental paycheck, this happens all the time.

Whatever the situation, the important thing to know is that an employer failing to pay you wages for work you’ve performed is illegal.

Unrath explained that your employer can’t just brush you off, and they can’t just promise to pay you when they get around to it or things “work out.” She noted to get personal contact information for everyone you can, and go to your state’s Employment Development Department for information about filing for unemployment.


You should also contact your state’s Department of Labor office to start the investigation process.


If you don’t think the money is coming, quit now

Most people’s gut instinct would be to just quit, and that’s OK.

According to Unrath, you’re better off spending your time and energy looking for someone to work for who’ll pay you than working for free for someone who won’t. The trouble is, it can be easy to think “Well, at least I have a job. If I quit, then I’ll have no job and no money, and what good will that be?” Unrath explained:

My first piece of advice to an employee is yes, you should quit and spend time looking for a new job rather than working for free. However, I have found that most employees are reluctant to do that. They like their job, they like their employer and they feel some loyalty to the company. And this is great, but if your company can’t make payroll, that’s not a good sign for the future.


Whatever the cause of your reluctance to leave is, try to get past it and look at the economics of the situation. You’re working for free, your bills are piling up, and you’re putting your faith in the hands of the people who already aren’t paying you to sort it all out while you wait patiently. If that all sounds bad, that’s because it is.

Worst of all, even if the company does manage to make payroll and gets you all your back pay, the situation still doesn’t bode well. Even if they butter you up with promises or bonuses later, you should be concerned. This on-again/off-again attitude almost never flies at larger companies, but it’s often found at startups that depend on funding rounds and angel investments to make payroll.


If you believe in or love your work enough that you want to stick with the company through the tough times, that’s one thing. However, if the cupboard is bare, love for your work won’t stock it with food.

If you decide to stick it out, here’s what to do

Even though quitting is probably the best option for most people, some find it difficult. If you do decide to stay, even for the short term, there are a few things you absolutely must do:

Have a frank, serious talk with your boss

If you’re committed to staying at least long enough to give them a chance to pay you, have a frank discussion with your boss about what’s going on and what you should expect. Get to the bottom of the money situation, and insist on honesty. If they can’t level with you, walk away.


Unrath suggested asking direct questions like the following:

When am I going to get paid?

What jobs do we have lined up?

How are you going to ensure this does not happen to employees again?

“If your employer is not forthcoming and open about answering these questions, then there is no reason for you to keep working for free,” she said. “On the other hand, I know employees who have been in this situation and were told ‘we have a contract with this client for next month, we just need to make it for a couple more weeks and everything will be fine’ and then paid a bonus for everyone’s trouble.”


You’ll have to make the call for your situation. If you do get an acceptable answer from your employer, decide how long you want to stick it out and hold your employer to their word. “Make sure you are in your supervisor’s office every day, being a polite pest, about receiving your pay,” Unrath said. “And don’t be afraid to go up the hierarchy. After all, what’s the worst they can do, fire you from a job they’re not paying you for?”


Brush up your resume anyway

If you do decide to stay, it’s still a good time to update your resume and social media profiles, and get the word out that you’re available to talk about new opportunities.


Even if you’re heading into the office with the hope that things are getting better, you should also behave on your off hours like the company is closing or you’re about to be laid off. Start taking interviews, scheduling coffee talks, and reach out to your professional network.

You might even want to see if your employer’s competition has any openings. After all, you’ll appreciate having some interviews scheduled or a job offer in your pocket if you show up to work one morning only to find everything locked and your coworkers standing around outside looking confused.


Look for real, serious change

Even if you decide to stay, and even if your employer does pay you later, watch for systemic, substantive change at the company. Someone at the top should be getting fired for it, and there should be some serious changes coming down the line to make sure it doesn’t happen again (and the people that let it happen aren’t in that position again). If you don’t see that kind of change, get out.


If you must stick it out because you believe in the job or the company, don’t let that belief extend to the people who got you into this mess. New investment and new clients usually come with time limits, performance promises, and deliverables. Unless your company takes steps to protect itself and its employees, as soon as you miss a deliverable, run out of investment money, or lose a client, you’ll be right back where you started from.

Again, our first and best advice is that you should quit and spend your time looking for someone who’s capable of paying you for the work you do. If you do decide to hang in there, whatever the reason, we hope that these tips will help you decide where the limits of your faith really are, and make a smart decision as to whether you should tough it out or pack your bags.


This article was originally published in April 2013 and was updated in June 2015. It was updated most recently on March 9, 2020 by Lisa Rowan. Updates include the following: Checked links for accuracy and added new relevant links; updated formatting to reflect current style; changed feature image and removed supplemental images; updated Unrath’s experience and consolidated some of her advice.