Can I sue my employer for money owed to me even if I no longer work for them?

They owe me money extending for 4 month period from last winter. They said that since I no longer work for them my case was closed.

Asked on August 27, 2018 under Employment Labor Law, Georgia


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Whether or not you are still working for you employer (now ex-employer) has nothing to do with your being able to sue for past due wages. You can sue in small cliams court or file a wage complaint with your state's department of labor.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

They are wrong. The status of your employoment has nothing to do with your ability to sue for money they owe you. You can file a lawsuit against them for the money; in the case, you will need to show the court that you did work and allege (claim or assert) that you were not paid for it. Since employers ordinarily pay employees in ways that can prove payment (e.g. check or direct deposit), if they can't prove that they paid you, you would have a reasonably good chance of winning the case.

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