What can I do about not being paid what I’m owed?

I was employed by this company for a work-at-home job. I was employed as the backroom store manager. There was a contract agreement and I signed a W2. I fulfilled my half of the contract but still

was not, and have never been, paid for the job. Would that be a breach of contract?

Asked on July 14, 2017 under Employment Labor Law, New Mexico

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, it is a breach of contract to not pay you the agreed-upon amount for the work that you did. Your recourse--and unfortunately, your only recourse--is to sue them for the money, based on "breach of contact." The reason I say "unfortunately" is that unless they are local (your county), you will not be able to sue in small claims court; instead, you will have to sue in "regular" county court, which is slower, more complicated, and more expensive. And if they are out of state as compared to you, the cost and complexity increases further, since "service" out of state (delivering court papers to them in the legally proper way) is most costly and difficult out of state as a general matter.


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