Do I have a case against my ex-employer if they haven’t paid me my last paycheck?

Asked on July 31, 2015 under Employment Labor Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, if you ex-employer does not provide your last paycheck, you may sue him/her/it for the money--but unfortunately, only for the amount of the paycheck. This makes suing in small claims court, where you could act as your own attorney ("pro se") to cut down on legal costs, a good option. You would sue for breach of contract (violation of the agreement, even if only oral/verbal, that you would be paid for the work you did) and unjust enrichment (the fact that it is unjust to allow the employer to have the benefit of work without paying for it).

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