After leaving my job after a short time because my boss was absolutely
awful to work for, she wont pay me. I did not work my notice because I
just couldn't face it, and was told after the way she had treat me I
wouldn't have to. She has been arrested for assault on a previous
employee, and I was told that had I worked longer, I would have an
excellent case for constructive dismissal. I can't afford legal
proceedings, but she hasn't paid me, and hasn't sent my P45, which I
need to provide at my next job. I cannot
possibly call her. What are my options to get my much needed money?

Viki Ross

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Request for Question Clarification by kriswrite-ga on 14 Oct 2006 16:00 PDT

What country are you in? If in the U.S., what state?

Kriswrite

Hi Viki,

These types of problems take time, there is no quick fix. The good
news is there are governmental processes in force that include
representation for you. WHat your employer is doing is unlawful in
nearly every municipality in the world.

I did find where to start the process, however there are time limits
so get started right away.:


Start at the local CAB - CAB search page:
http://www.citizensadvice.org.uk/cabdir.ihtml#txt_getadvice_header-Anchor-search

Here's what the CAB says about not receiving your pay:


READ THIS CAREFULLY - This describes actions you must take before
moving to the next step:

You have left your job and are still owed pay
Page 2: http://www.adviceguide.org.uk/e_employer_witholds_your_pay.pdf

..."When you leave your job, you might be owed pay. This could include:

? basic pay (including money owed because you were paid a 'week in hand')

? redundancy pay

? pay in lieu of notice

If your employer refuses to pay you money you are owed, they are breaking the law.

You should write to your employer explaining what money is owed, and
why it is owing. The letter should also include details of the period
for which the money is owed. This letter will count as a written
grievance, if you need to take the matter further. You should sign and
date the letter and keep a copy. An experienced adviser could help you
to write this letter (see below).

If writing to your employer does not work, you may need to make a
complaint to an employment tribunal for breach of (employment)
contract. An experienced adviser can help you do this. There are
strict time limits for complaining to an employment tribunal which you
must make sure that you do not miss..."

I found that here: CAB - Employment - In England 
http://www.adviceguide.org.uk/index/life/employment/employment_factsheets.htm


Employment Tribunals
http://www.employmenttribunals.gov.uk/
..."The Employment Tribunals are judicial bodies established to
resolve disputes between employers and employees over employment
rights. Our website provides information about the tribunal's
procedures and gives guidance on how you make or respond to a
claim..."


Here's some information about constructive dismissal:

What is constructive dismissal?
http://www.direct.gov.uk/Employment/Employees/RedundancyAndLeavingYourJob/RedundancyAndLeavingYourJobArticles/fs/en?CONTENT_ID=10026696&chk=jfaLoD

Be sure to read "What to do if your employer?s behaviour makes you
want to quit" right below the above.


Hope this helps!


~~Cynthia


Search terms:
CAB UK employment P45 employ "won't pay me"

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Clarification of Answer by cynthia-ga on 15 Oct 2006 05:16 PDT

Viki,

You must follow procedure to get the ball rolling. Either call at
different times or use the CAB search page I provided, locate the
nearest CAB office--and go there. It's hard to not have time for a
person standing in the front of your counter.

Vicki

I would make two visits: Certainly one to your local employment office.
I would also call the police to see if they can do anything (this may
be a criminal offence)

Kriswrite

The questioner is in the UK.

Regards

Mongolia

You could visit your local Citizen's Advice Bureau

Also sending a letter to your tax office might create hassle for her.

Hi
Thanks for all your help
I have tried time and again to contact my CAB and just can't get through. 

When I handed in my resignation letter, I recieved a very nasty letter
back, which had several wrong facts on it. I sent a clarifying letter
back, explaining that I needed my pay and P45 and have heard nothing
since.

As for the tax office, I rang them and they said I can say they are
putting pressure on me to get my P45, but that was all they could do.

Thanks for all the comments!
Viki