Do I have recourse againt a former employer for missing wages and non-reimbursed expenses?
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Do I have recourse againt a former employer for missing wages and non-reimbursed expenses?
I worked many years for a company that I finally left as they owed me nearly $80,000. At one point, I was asked to be taken off of payroll and paid as a contract person for a short period of time until they could afford to catch me up. I was also promised that at tax time, they would pay for what should have been their portion of my FICA. I reluctantly agreed for a short time, and repeatedly asked to be put back on payroll. I now know this was an illegal practice for them to do.
In the meantime, they also went without reimbursing many of my expenses until at the time I finally quit they owned me nearly 80,000. I have repeatedly sent reports, receipts and asked for money owed to me. I haven’t taken legal action yet because the two owners have been in a legal battle over ownership of the company and who owed me the money. That has now been settled in court and neither owner is making any attempt to pay the money owed to me. I need to know if I have a case, and if so where to start.
Asked on September 7, 2016 under Employment Labor Law, Idaho
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
You will have two challenges or hurdles based on what you write.
First, proving the hours work, the expenses you were not reimbursed, the amount you were or were not paid, your rate or wage or salary at the time, etc.--if some of this occured years ago, you may not have good evidence or documentation which, since you are suing and the burden of proof is therefore on you, will handicap your ability to prove your case.
Second, the statute of limitations. You can only claim for unpaid wages as a an employee for two years back--that is, you have to file the suit within 2 years of not being paid, and when you do file, can only claim back from 2 years from the date of filing.
For amounts owed you as a contractor or reimbursement owed you, if there was no written agreement about this, it would be a breach of contract claim for an oral (unwritten) agreement, which means that the statute of limitations is 4 years--so you can only sue for these amounts not paid you within 4 years of when you file your lawsuit. (If there was a written agreement about any of this, you get an extra year, 5 years, to sue.)
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