What legal actions can I take in order to ensure a former employer will pay me the money they owe me?
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What legal actions can I take in order to ensure a former employer will pay me the money they owe me?
I worked for a marketing firm on a commission basis for 3/12-hour days before deciding that it wasn’t the place for me. During this time I signed 3 accounts which was supposed to translate into a check for 50 dollars account signed. It has been 4 weeks since I left and I have yet to receive my check. I’ve tried contacting both my manager and the head of the company and I was fed lines to the tune of “it’s processing” and most recently “It’s in the mail.” I would love to be optimistic but it doesn’t seem like I’m going to get this check without a fight. What legal actions should I take?
Asked on December 4, 2011 under Employment Labor Law, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you are owed money for work you did, whether as an employee or an independent contractor, if you are not paid, your recourse is to sue the employer for the money. However, it may not be worthwhile doing so--for example, say you are owed $150...to get that $150, you'd have to bring a lawsuit. Even a small claims court case will costs between (depending on the state) usually $25 - $50 to file. It will also take time to draft and file the complaint, to appear in court, etc. So you would spend $25 - $50 and hours of your time to hopefully recover $150; in that instance, if you have something else remunerative to do with your time (e.g. another job), it would not be worth suing.
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