How do I get my back pay from my former employer?

UPDATED: Oct 19, 2012

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How do I get my back pay from my former employer?

My job was shut down without notice and I’m still owed 2 weeks and 1 day’s pay.I don’t have any physical paperwork but I do have many witnesses that can say I worked those days.

Asked on October 19, 2012 under Employment Labor Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You can sue your employer for the money you are owed, including in small claims court, where you can act as your own attorney, saving on legal fees. If the employer was a limited liability company (LLC) or corporation (inc.), you can only sue the business; if it was a partnership or sole proprietorship, you can sue the owner(s). You will need to prove in court by a "preponderance of the evidence" (that it is more likely than not) that you did the work; you can sue your testimony and that of other witnesses.

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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