What to do if my former employer only paid me minimum wage for my last month with no notification or warning?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

What to do if my former employer only paid me minimum wage for my last month with no notification or warning?

I can’t take them to small claims court because they don’t have a representative here in my state to be served. What are my options?

Asked on December 12, 2012 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

While your wage may be reduced (if you did not have an employment contract), so long as it remains minimum wage or better, it does require notice or warning that this is being done: the reduction is only effective from the moment of notice forward. Retroactive wage reductions are illegal. From what you write, therefore, you may have a legal claim.

Howver, if there is no in-state representative for service, you'd have to file a lawsuit in the regular county courts, which typically costs $100 - $200 and can be complex for a nonlawyer. Also, collecting on an out-of-state party requires additional steps (and costs), even if you win your case. Unless you are owed enough to justify hiring an attorney (so, more than, say, $1,500), it is unlikely to be worthwhile to sue.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption