What can I do if my previous employer won’t pay me at all?

A mutual

Asked on October 30, 2017 under Employment Labor Law, Kansas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You sue the employer in small claims court, as your own attorney ("pro se")--that is the fastest, most cost-effective way to get the money. You sue based on "breach of contract," or violation of the agreement (even if only an "oral," or unwritten one) pursuant to which you agreed to work in exchange for pay. You did your part--you worked--therefore, your employer is contractually obligated to do her part and pay you. Even leaving aside tips for the moment (since they can be hard to prove or quantify), if you worked 89 hours (88 hours, 58 minutes rounds to 89 hours) at $8/hour, you are entitled to $7,192.00. That may exceed your small claims' court's limit; if it does, a good idea would be to voluntarily "waive," or give up, any amounts above that limit, since you want to stay in small claims--it is *much* faster and easier for a nonlawyer than other courts. If you can convince the court you worked the hours, you can get a court judgment (order) that you be paid.

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