I would like to know ifI can sue my former employer for not paying me all the wages they owe me and for not paying me on time?

Asked on October 27, 2011 under Employment Labor Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you mean that have not paid you the amount of money you have earned for the work you have done--then yes, you may sue them. So if they have not paid you for all hours worked (including overtime), or not paid you at the right rate, etc., you may have a lawsuit. Note that you must make sure that they actually  were obligated to pay you all the money you thought: for example, while an employer cannot retroactively reduce pay (if you work, you must be paid at the rate or salary then in force), if the employer gave you notice that you were being paid at a lower rate than you had been or thought you should be, that lower rate is enforceable as long as you did not have an employment contract protecting your wages (i.e. they can reduce your pay at any time going forward, without a contract).

If you think that you were in fact paid incorrectly, you should consult with an employment law attorney to discuss the situation and evaluate the strength of  your case, what it might be worth, the cost to pursue it--and then to take acdtion, if appropriate and warranted. Good luck.


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