How can I get wages that my employer owes me?

UPDATED: Mar 17, 2016

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How can I get wages that my employer owes me?

I have no written proof of employment besides past checks written under the

business account and business cards with the business’ name on them.

Asked on March 17, 2016 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The only way to get wages owed you is by suing your employer: if you can prove by a "preponderance of the evidence" (more likely than not) that you were employed, did work, should have been paid certain wages, but were not, you can get a money judgment in your favor. You can use witness testimony (e.g. you own testimony) and the checks and business cards you describe; the employer can, of course, present its own testimony and evidence that you were not employed (or were employed and were paid), and the court will decide who is right.

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 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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