Employer holding pay check

[NicholeFNP]

I'm a brand new nurse practitioner in Oklahoma. My employer decided one day before pay day to send a mass email to all providers stating that they need to avoid the financial bottleneck with other staff employees and hold our paychecks until the following week. I quit effective immediately following that email. I also just learned they were stealing money that employees pay for health insurance and using it elsewhere within the company to stay afloat and even not paying clinic building rent (they have 5 clinics). They are obviously thieves, grossly dishonest and an apparent sinking ship.

I have had to literally beg for the licensing reimbursement they promised to me upon hire and after being ignored, pushed back, then asked if they could spread it out in payments (I said no). After assuring me for the zillion the time it would be on the next paycheck and being ignored again I knew something was up (I was hopeful unfortunately). I feel so lied to. I did not sign a contract YET (thank God!!!)... they can keep their money they promised to me upon hire. I need my paycheck, though!

The email explaining that we would not be getting paid on time even states they have been trying to get ahead the last six months... I was hired as a new grad five months ago and knew nothing of this! So now I have less than six months of being a new NP on my resume, I'm minus a paycheck and a half, and am not sure to wait it out with hoping they'll pay me even though I bailed or seek legal. I would usually submit a proper resignation, but didn't want to invest a second more of my time wondering if I'd be paid... or heck, if I even have active malpractice. I'm so upset and not sure what to do.

I was nice in my resignation email and even framed it as though I was doing them a favor by freeing up my salary. Guys, I have a family of six I support. My husband is active military so thank God we are on his amazing insurance, but I put the food on the table, so to speak. I could go on and on. I'm at a loss. I need advice!

[babyNP., APRN]

I think you need to get another job...

In all seriousness, you shouldn't mentally expect to get the money for a long time or at all if they file bankruptcy. Focus all your energies on getting a new job and either in the cover letter or the interview tell them why you quit. Don't have a negative tone though, just matter of fact. Not professional to vent about it to a future employer...

Good luck and sorry you're facing this

[traumaRUs, MSN, APRN]

Geez - so very sorry! Agree with above...run like the wind.

You are right, with Tricare your insurance needs are covered. However, the paycheck is needed in your household. You might consider locums if you feel you re ready...

[DizzyJ DHSc PA-C]

File a complaint with the department of hours and wages or your states equivalent to that. There are laws to assist you in situations like this. For instance, when I worked in California an employer was required to pay you all wages within 72 hours of quitting. If you don't have a contract and give 72 hours notice, then they must hand you a check as you walk out the door at the end of your last shift.

[litbitblack, ASN, RN]

Im in texas and my poor mom has worked for numerous home health companies that just make payroll. Matter of fact she is still waiting today from getting a paycheck friday before last. How do these places expect people to survive... Find you another position

[gettingbsn2msn, MSN, RN]

Same situation. I am owed monies that I will never most likely see. I have never witnessed such greed.

[caliotter3]

File a claim for wages with your Labor Board. Hopefully your claim will be paid out before a bankruptcy filing.

[Coco_ABSN, DNP, APRN]

I am curious as to what clinic this is in Oklahoma so that I NEVER consider working there! That is insane and I am so sorry that happened to you! I really would like to know that clinic though. That's hideous.

[AtomicWoman]

I am sorry to hear about your thieving employer. I agree with others that you should file a complaint with your state Labor Board. As far as not knowing whether you have malpractice insurance, this is reason #1,752 to carry your own malpractice ins. For lots of reasons, I always have my own malpractice insurance. I carry it in addition to the coverage I have under my employer's group plan. No way do I want to depend on that premium being paid by someone else, and no way do I want to believe an employer will never throw me under the bus.

Sorry again. I hope you at least see something of what you are owed. But I suspect you are not holding your breath!

[shibaowner, MSN, RN, NP]

Please talk to an employment attorney. They usually do a free initial consultation.

[FolksBtrippin, BSN, RN]

Before you do anything else, go to the labor board for your state.

[TammyG]

I disagree with babyNP. I am a NP-attorney. State laws require employers to pay wages within a certain amount of time (usually 30 days). Go to your state Department of Labor website, there is an on-line form you can usually fill out requesting payment of back wages. The Department of Labor will be aggressive about this.

Second, if they do file bankruptcy, the highest priority of ANY creditor under federal law is back wages. And in most states, there is an automatic lean placed on the company's assets for two months of back wages for all employees.

So, I am reasonably confident that you will get your wages with a minimal effort.

I would not be embarrassed at all to tell people that you walked off the job (or however you want to put it) when they were unable to pay your check. You did the right thing.