Can I take a company to court after 8 months of not receiving my final paycheck?

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Can I take a company to court after 8 months of not receiving my final paycheck?

I had left a company last year and did not receive my final paycheck. I then received a letter 2 months ago stating that the company was trying to send it to me and need my response. I sent back a letter letting them know my new address and they said it would take about 3 weeks. Over 3 weeks later I called the company asking for a status update and was told they couldn’t send it to my new address. I said they could send it to my old one and they said it would take another 3-4 weeks. 4 weeks later I called again and was told that I had to wait 8 weeks and now I can’t pay my rent.

Asked on August 22, 2012 under Employment Labor Law, Hawaii

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Yes, you may still sue your employer for the final paycheck--you could also potentially sue for any other losses (like late fees, overdraft fees, etc.) incurred as a direct result of their failure to pay on time. You may wish to sue in small claims court--filing fees are lower, you can act as your own attorney (saving legal fees), and cases generally move more quickly.


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