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Can I File For Unemployment If My Employer Does Not Pay Us On Time, Like A Month Sometimes?

My employer does not pay us on time. There are times when we don't get paid for over a month. Can I file for unemployment while looking for another job?

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    First of all, you shouldn't be using the answer section to explain your question.  There's a place or that where you asked the question.

    No, you can't collect unemployment while you are still employed, but in your case you may be able to quit.  Check with our local Unemployment Office.

    What you need to do is contact the National Labor Relations Board.  What your employer is doing is illegal.

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    Robbier44 

    answered 12 months ago

      I would contact the department of labor to verify this with regard to your particular state, but once an employer fails to live up to what is called the "master-servant" employer-employee relationship by providing a check, even one time, the employment relationship is effectively terminated.  An employee must make sure that he gets some documentary evidence to support his allegation of nonpayment to ensure that the deadbeat employer can not squirm his way out.   This can  be in the form of (1) printed copies of e-mails exchanged between the parties that ensure anyone who reads same knows that the employer was aware that payment was not rendered and (2) a tape recording of a conversation of employee requesting payment.

      An employment relationship only exists if (1) an employee shows up to work and does what he is requested and (2) an employer pays wages for services rendered as agreed.  You do not have to continue to work for free for this deadbeat and good luck!  I am a litigation paralegal with 25 years of experience so I do know what I am talking about.
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      Guest

      Guest 

      answered 9 months ago

        Every state has a wage and labor board, which regulates that an employer must pay you on specified pay dates, or it is a violation of that law.As long as you gave your employer a warning, I would suggest in writing,(prior to quitting) that the issue needs to stop, you are within the guideline, at least in Michigan, to qualify for unemployment. This would be good cause attributable to the actions of your employer. Look up the Wage and Labor board for the state of Michigan, or whatever state you may be in, and read the entire section on laws for employers.
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        Guest

        Guest 

        answered 6 months ago

        I think as long as you are not working 40hrs you can file but then it might be up to your employer to agree?its a pain to try  to call the edd anyhow and their web site doesnt really answer specific questions.just go to edd.ca.gov i think
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        Guest

        Guest 

        answered 11 months ago

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