What to do if I have unpaid wages that I have been unable to collect?

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What to do if I have unpaid wages that I have been unable to collect?

I have over $9105.21 in unpaid wages due me from a national retail clothing chain. 9 years ago, the company agreed to settle a class-action lawsuit over unpaid overtime. I worked for the company during the time listed in the claim but as an employee of another state; I was not involved in the suit. However, I was subjected to the same abuse of my employment. The company refuses to even acknowledge my requests. I need assistance in obtaining the money owed me.

Asked on November 12, 2011 under Employment Labor Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You do not indicate which state you are in. Every cause of action, or ground to file a lawsuit (e.g. breach of contract, assault, negligence) has what's called a "statute of limitations," or time period to bring a lawsuit. Once the statute of limitations, which starts running from the act(s) which give rise to grounds to sue, has expired, it is too late to sue and you may not take legal action.

The statute of limitations is different for every cause of action and every state. Without knowing your state, it is impossible to give a definitive answer: however, it is likely too late to sue. The statutory periods for either breach of contract or employment discimination/harassment (the most likely grounds to sue in a case like this) tend to be less than 9 years.

However, if you are serious about possibly pursuing this, consult with an attorney NOW, before any more time passes, to see if you can still take legal action. Good luck.


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