My paycheck is being withheld because I accepted another job, what court will hear my case?

Question Details:

My last job was driving a truck; my last paycheck is being held. I returned to union construction after 2.5 years. What court will hear my case to regain my paycheck; small claims, county court or next level?

Asked 11/22/2009 under Employment and Labor | 220 View(s) | More Legal Topics

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Employment and Labor Law Answers

Every state has laws/statutes regarding paying employees on a bi-weekly or weekly basis or immediately upon termination.  If the employer fails to pay an employee for work performed, the employer faces serious exposure - i.e. double damages or even tripple damages and fines by the state.  In your case, there is no basis for the employer to withhold your paycheck becasue you took another job.  You employer is violating the state wage laws.  I suggest that you hire a lawyer to send a letter to the employer demanding your paycheck.  if the employer refuses, then you need to file a lawsuit in the superior court and seek double/tripple damages. Most statutes permit you to also recover your attorney's fees for the action if you prevail.

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