Do I have a good enough case against my former employer to making sueing worth the cost/time involved if I quit my job without notice and now my boss refuses to pay me?

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Do I have a good enough case against my former employer to making sueing worth the cost/time involved if I quit my job without notice and now my boss refuses to pay me?

He is trying to say that because I breached my contract he does not have to. The problem is that although I did sign a contract when I initially was employed 8 months ago, I gave 2 weeks and then quit 6 months ago. I got rehired last month but did not sign a new contract. I also believe that my boss is discriminating against my age and gender and using the fact that I am a young female in a male dominated industry against me. He has texted me calling me a “little girl” and said, “I don’t know anything about the court system and I will never get paid”.

Asked on January 28, 2016 under Employment Labor Law, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Your employer is wrong:
1) Even if you quit without notice (or less notice than the contract required), you must be paid for all work done up to the moment you quit. Breaching an employment contract may be grounds to not pay you a bonus, or to (if the contract requires this) make you repay some previously paid bonus or relocation fee or training expenses, but you must get base pay for all hours worked.
2) In addition, based on what you write, you may have a gender-based employment discrimination case--and having written texts from your boss will only help you.
A good idea for you would be to consult with an employment law attorney (bring copies of the contract and texts) to evaluate how strong you case is and what it may be worth. If it's only worth a few thousand dollars, you could always sue on  a pro se (as your own attorney) basis to save costs.


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