Filing a lien on a job

My husband left his company and has not been paid his last two checks. They are now 2 weeks overdue. He was a an employee of a construction company. Can he file a lien against the last job site he worked on?

Asked on December 10, 2018 under Employment Labor Law, Texas


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Your husband can file a lawsuit against his former employer (the construction company) for breach of contract / account stated.
He can file his lawsuit in small claims court.  Your husband's damages (monetary compensation he is claiming in his lawsuit) would be the amount he is owed.  Upon prevailing in the case, he can also recover court costs which include the court filing fee and process server fee.

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