Can I sue if I worked only 1 day and didn’t get hired but didn’t get paid for the day?

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Can I sue if I worked only 1 day and didn’t get hired but didn’t get paid for the day?

I did work for about 8-9 hours.

Asked on November 19, 2018 under Employment Labor Law, New York

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

The fact is that whether or not you were officially hired by this company, you are entitled to compensation for the day that you performed work for this employer. Accordingly, you can either sue in small claims court or file a wage claim with your state's department of labor.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You can't sue for not being hired--there is no right to be hired, unless you had an actual written contract for a defined period of time (e.g. a one year employment contract) with a set start date; if there was, you could sue to enforce the terms of the contract.
You can sue for your one day of pay. Obviously, suing in small claims court, "pro se" (or as your own attorney) is a good option.


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