Employer not paying

UPDATED: Oct 1, 2022

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Employer not paying

My ex employer hasn’t paid me my last paycheck. I have been told he does that to almost everyone that quits or is fired. I live in Indiana and they have this law, HEA 1469. My question is, should I contact a attorney or wait until the Dept of Labor Wage investigate him. I filed a complaint with them for him changing my hours and not paying overtime.

Asked on March 31, 2018 under Employment Labor Law, Indiana


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can sue your former employer for breach of contract / account stated. Your damages ( monetary compensation you are seeking in your lawsuit) would be the amount you are owed. Depending on the amount you are owed, you may be able to file your lawsuit in small claims court. Upon prevailing in the case, you can recover court costs which include the court filing fee and process server fee.
If you are unsuccessful with your state labor board, proceed with the lawsuit.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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