[NYPaige]

I was a Full Time Salary employee and I was required to travel all week including weekends for work. I would travel to work with a client and back home - the employee was to reimburses me for travel expenses. When working with each client I submitted a daily report and at the end of the week I emailed a weekly report. I also worked from home and exchanged many emails with my immediate boss and the President of the company in regards to design suggestions,requirements etc for marketing emails. I got to a point when it was two weeks past the day I was suppose to be paid and had no more money to travel. (the last week of November the accountant said my check was mailed (even though I was to have direct deposit but she said she didn't get my paperwork in on time)I was to be paid at the end of each month.)
The first week of December came and went... I worked with my boss and had a meeting with him and clients and the president of the company. I stayed late to work one on one with the client... I still hadn't received my check for Novemebr work and it was the Monday of the third week of December. I called the accountant and said she didn't mail it that my boss had it (on the road with him while he was traveling to clients... ) but it never told me he had it and neglected to give the check to me when he saw me... I told my boss I couldn't drive to the next client's appointment because I had no money for gas (I had $12 in my bank account and to drive there it would require over $30 in gas) Then he said he would meet to give the check.
Almost a week later he called and told me to meet him 2 hours aways at a clients office. I agreed but before leaving I explained to him and the accountant that I had to borrow money to drive so if he wasn't going to give me a check I wouldn't be able to drive home. I drove to the clients and waited. A half an hour after the scheduled time to meet, he called and said he was driving back to his home and would not be able to meet me.
A week later I met him locally to get my check, but he only brought my payroll check for November, and didn't bring a check to cover my expenses for Nov. Or Dec. Even though I had submitted my expense report weeks prior. Now he is saying he isn't going to pay me for December, and I still haven't received a payroll check for December. Is this legal?

In addition... He never fired me and I never quit, I just said I couldn't continue to work if I wasn't going to get paid. Can I get unemployment, because now I can't find a job and am close to being evicted out of my house. I spent all of my savings traveling for the company.

[Fr_Chuck]

File for unemployment, reason they refused to pay you money owed. You file a claim against them with the Dept of Labor. And file a law suit in small claims court for all of the money owed and the cost of the "meeting boss to get money" trips.

[ScottGem]

They are required to pay you for whatever time you work. So definitely file a claim with the Dept of Labor.

And yes, you should file for unemployment.

[NYPaige]

Thank You for the quick response. I am going in to the DOL office tomorrow to file a claim and apply for unemployment. I will speak to a lawyer but I have no money to pay to see one ($125 for a consultation)so that may take a while. Thank you and I will post my results... :)

[Fr_Chuck]

No lawyer needed for small claims court. also the majority offer free first meeting to discuss cases,