Refuses to pay me

I was working for a company in Brooklyn
as a super rebuilding a new park for
the new york city .
My last day there I was verbal abuse by
a company General super .
So before the things going on the wrong
way I just left .I have witness 3 out 5
guys working there with me .
Now they refuses to send me my cheques
they own me 1 full week and 2 days the
following week .
Can I do anything so I can get pay ?
Thank you

Asked on May 30, 2017 under Employment Labor Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, you can sue them for the money. You would sue for "breach of contract," or violating the agreement (whether written or oral) pursuant to which you worked in exchange for pay. If you did the work, they must pay you; in the lawsuit, you will look to prove, by witness (including your own) testimony, prior pay stubs or deposit receipts, time clocks, text messages or emails, etc. both what your rate of pay was and that you did work those days. If you can do that, then if they can't prove that they already paid you for that work, the court should give you a judgment requiring them to pay. Suing in small claims court, "pro se" or as your own attorney, is a good option: not only is it less expensive than other courts, but small claims court is generally the fastest court, so you will resolve the issue more quickly.

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