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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 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.


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