Employer is over a month late in paying me..
So.. I'm having a lot of trouble getting my paycheck from my employer. And it's causing me a lot of problems. I was partially for fault.. for about a week, but since then I'm not so sure. I just don't know what to do in this situation. I worked for five months for a very small start-up in Massachusetts. I quit working on November 14th (Edit to be clear: I gave them a months notice. Actually, they knew from the day I started working there that I would quit in the winter, because I'm a student, and I was taking a semester off. Sorry for the confusion.) and went out of state the next day. I got back five days later, figuring they would send me my paychecks for the previous month in the mail like they agreed to.. they didn't. I contacted them on the 20th of November and they told me I didn't turn in a timesheet (which was, unfortunately, true) so I emailed them my timesheet. Even though they didn't ask for one, and I had just switched from salary to hourly, and I was working there while they needed my timesheet.. After I sent it in, they then said that I claimed to work for two days in November that I actually didn't. When they said that I was out of state again, so I didn't have my records and wasn't able to check again until right before Thanksgiving, when I told them I crossreferenced several sources and couldn't find what days they were talking about although I found a day in October I worked but didn't put on the timesheet. They replied simply saying they would send me my check on Dec 1st with no explanation of the days I supposedly missed that caused further delays in me getting my check(s). (they owe me for both Oct 16th - 31st pay period, and Nov 1st - 14th) Last Wednesday I still didn't have my check(s). In the meantime, I've got overdraft fees in both my bank accounts and I have an unpaid credit card bill. It's lucky I'm home for the holidays, because I wouldn't be able to pay rent on my apartment. I emailed them asking for them to cancel the payment and overnight me a new one, since I hadn't gotten them and it may be lost, and I have to have it. They replied that they would send me a new one on Friday. I asked them again to overnight it and I still don't have it, so clearly they didn't do that... they did, however, reply that it was all my fault for turning in my timesheet five days late. Monday, I got a different, unrelated (but also late) letter from them, that was sent on Thursday. As of today, still no paycheck. So to sum it up, I have two late paychecks and a lot of fees incurred because of all this. They're blaming it all on me not turning in my timesheet earlier when I'm not entirely sure that excuses them, and even putting that aside, they are weeks late. I was five days late. So that doesn't excuse the time it's taken them to send it and them saying I lied for no reason, creating more delays they never explained. Also, I've been looking at MA laws and the pay system they had seems to be illegal. It looks like they should pay within six days of the end of the pay period, but payments were always delayed, e.g. I would get paid for the last two weeks of September on the 15th of October, etc. Finally, when I first went on to salary pay, they said they'd give me stock in the company, but they never mentioned it again. Do I have a case against them? Do I file a complaint, or what? I don't know what I'm doing, but I'm broke and I think they're taking advantage of all that. I do know that Massachusetts has a treble damages law but I don't know how to deal with that, although, honestly, I feel like I should get something above my paycheck, due to the fees incurred, my still unpaid credit card bill, the stock, and even just the trouble it's giving me considering it's Christmas and I'm broke and can't get gifts. Does anybody know what I should do? Am I too far in the wrong to be able to take legal action? Thanks in advance.