How can I go about suing an employer for unpaid wages?

Get Legal Help Today

 Secured with SHA-256 Encryption

How can I go about suing an employer for unpaid wages?

My employer hired me on and told me
that I was to be paid under the table
for a couple weeks until I was put into
their payroll and tax system.they have
since not paid me my wages. I’m on
camera there working, also clock in and
have time sheets for hours worked. They
are acting like they paid me through
text message. We signed paperwork that
states the dates I’m supposed to be
paid. Employment here was terminated
after I brought up safety concerns for
the health of the customers. They are
faking as if they paid me and did not
and my livelihood is at stake. I have a
child due in a few weeks and this came
at the worst time possible. Any advice
would be helpful…

Asked on November 25, 2016 under Employment Labor Law, Louisiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

File a lawsuit against them; if the amount at stake is less than or equal to the small claims limit, sue in small claims court, on a "pro se" (as your own attorney) basis to save on legal fees. You sue them for breach of contract: for violating the agreement, even if only an oral one, that you would do work in exchange for pay. To win, you'll have to convince the court by a "preponderance of the evidence"--that it is "more likely than not"--that you were an employee, what you wage was supposed to be, that you did the work, and that the other side did not pay you. They in turn can try to refute your claim by providing evidence of payment, which may be difficult for them if they were to pay you under the table and not gave check or pay stubs, etc.
For the future, bear in mind that there is NO such thing as legal payment "under the table," since taxes have to with withheld, contributions for unemployment, etc. paid  on all employees. Therefore, is someone is planning to pay you under the table, they are planning to violate the law--and you should not trust them.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption