I filed small claims for unpaid wage and employer deposited the unpaid wage into my account after finding out. Does that take them off the hook for my claim?

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I filed small claims for unpaid wage and employer deposited the unpaid wage into my account after finding out. Does that take them off the hook for my claim?

I left my employer and they withheld 1 weeks pay. They clearly stated in an email
that they would not pay me the last week. I filed a small claims against them and
when they found out they deposited the pay into my account. They claim it was a
clerical error 2 months later. Does this remove them from having to go to court.
MA law says they will have to pay triple damages and court fee if they are proven
wrong. Thank you.

Asked on October 19, 2018 under Employment Labor Law, Massachusetts

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The case has been mooted: you have received the money you should have been paid, so there is no money which you are owed. You cannot sue when you are owed nothing. Triple damages is still $0 if the damages (the amount you are still owed) is $0.00. You could likely still get the court filing fee, but is it really worth taking a day out of your life for that? You have already won your case and gotten your missing pay--time to dismiss the case and move on.


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