What is my recourse if I was a contracted employee who did not receive my last 2 paychecks?
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What is my recourse if I was a contracted employee who did not receive my last 2 paychecks?
I have called the former employer twice regarding this issue and in my resignation letter I asked that my last 2 paychecks be mailed out to me. It has been over 3 months and I am wondering how I should file a claim against the unpaid wages. I do have the paystubs showing what I should have been paid and the representative from the check company e-mailed the administrator about re-issuing my checks directly to me. I have not heard back and remain unpaid. How should I proceed?
Asked on February 10, 2016 under Employment Labor Law, Virginia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Probably the fastest and simplest way to get the pay is to file a small claims lawsuit against your employer. (You have a legal entitlement to be paid if you performes work, and you can enforce that right in court.) Small claims cases are easy and inexpensive to file; you can act as your own atorney ("pro se"); and its reasonably likely that after the suit is filed, that they will settle by paying you.
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