Can I sue my employer if I haven’t been paid for 5 months of work?

UPDATED: Apr 12, 2012

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Can I sue my employer if I haven’t been paid for 5 months of work?

I quit a nanny job do to physical stress. But now I want to get paid for the 5 months I worked. My only proof is via text message everyday I worked.

Asked on April 12, 2012 under Employment Labor Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Legally, you must be paid for all the work you did. Practically, in order to get that pay, you will have to  sue your employer--which means you'll have to be able to prove, whether by text messages or testimony (yours or other peoples) that you did the work and what the rate of pay should have been. You will need to be able to prove this by a "preponderance of the evidence"--that is, show it is more likely than not that you did the work. You have the option of suing in small claims court, where you can act as your own attorney, to save on legal fees.

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