How doI go about suing or collecting pay from employer?

UPDATED: Aug 19, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Aug 19, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How doI go about suing or collecting pay from employer?

A payroll check cleared my account so I paid bills with it. It was then returned causing my account to go negative. So I now have 2 negative accounts due to his returned check and multiple overdraft fees, as well as returned fees from bills paid from the account. On top of that I haven’t been paid for an additional week (total 3 weeks). My bank is closing my account due to his returned check and all the problems, and I cannot pay bills. Also, I cannot collect unemployment due to them having no record of me being employed there for the past 4 years. How do I go about getting money back?

Asked on August 19, 2011 California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You can't collect the money without suing, so the first thing to do is to file a summons and complaint and start a lawsuit. You are entitled to all money you should have been paid (so three weeks salary); any loses or costs caused by their failure to pay you (e.g. overdraft fees); and possibly for what you should be able to collect in unemployment insurance, had the company made contributions on your behalf to the system. There may be other things you are owed also--for example, if they didn't pay unemployment, is it possible they didn't pay into social security or properly withhold for you? It may be worthwhile to meet with an employmen lawyer (many will provide a free initial consultation) to evaluate what you might be entitled to--it may be enough to make it worthwhile to retain the attorney to handle the matter for you. Good luck.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption