What are my legal options for not getting paid for a job?

I worked at a catering job 6 weeks ago and I still have not been paid for my service. Others who have worked the same day as me have been paid but I still haven’t received my paycheck. I have called and emailed the catering company and they said they would get me my check but that was 2 weeks ago. Is there anything legally I can do?

Asked on December 8, 2011 under Employment Labor Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can sue. Whether you were an employee (including a part-time or temporary worker) or worked as an independent contractor, you must be paid for all time worked at the agreed-upon rate or wage. You could file in small claims court, acting as your own attorney (to save on legal fees) for small amounts; you'd need to provide testimony and/or evidence to prove that you did the work and what you should have been paid. For larger amounts, you should consult with an attorney and consider having the lawyer represent you.


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