How doI go about suing or collecting pay from employer?

A payroll check cleared my account so I paid bills with it. It was then returned causing my account to go negative. So I now have 2 negative accounts due to his returned check and multiple overdraft fees, as well as returned fees from bills paid from the account. On top of that I haven’t been paid for an additional week (total 3 weeks). My bank is closing my account due to his returned check and all the problems, and I cannot pay bills. Also, I cannot collect unemployment due to them having no record of me being employed there for the past 4 years. How do I go about getting money back?

Asked on August 19, 2011 California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can't collect the money without suing, so the first thing to do is to file a summons and complaint and start a lawsuit. You are entitled to all money you should have been paid (so three weeks salary); any loses or costs caused by their failure to pay you (e.g. overdraft fees); and possibly for what you should be able to collect in unemployment insurance, had the company made contributions on your behalf to the system. There may be other things you are owed also--for example, if they didn't pay unemployment, is it possible they didn't pay into social security or properly withhold for you? It may be worthwhile to meet with an employmen lawyer (many will provide a free initial consultation) to evaluate what you might be entitled to--it may be enough to make it worthwhile to retain the attorney to handle the matter for you. Good luck.


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