What are my rights to get paid by my previous employer?

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What are my rights to get paid by my previous employer?

I went to work for a florist. They never gave me a W2 to fill out and they held my first check. Due to the dangerous work environment, I quit after 5 weeks. At that time they owed me the first week’s pay they held and the last week I worked. When I went to get my checks, the owner told me that she was too busy to stop and pay me. She gave me a 1099 to fill out before she would pay me but she would not schedule a time for me to pick up my checks. I called and they said they would mail my check out on Saturday. The check never came. They would not communicate with me until I sent a text to the owner’s cell phone that I would take them to court. She replied that according to the labor board she had 2 weeks after the pay period to pay me for each pay period. However, since I had just filled out the 1099 that it extented the time because their accountant had to file it. I have spoken to other past employees that were not paid, so I don’t believe her. What can I do?

Asked on October 2, 2016 under Employment Labor Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You are entitled to be paid for all work you did, up to the moment you quit. If you are not, the easiest and quickest way to get the money right now is to file a small claims lawsuit, as your own attorney ("pro se"). Small claims suits are fast--you can typically get into court in 3 - 6 weeks. If you can convince the court by a "preponderance of the evidence" (that it is "more likely than not") that you worked those days/weeks, you should be able to get a judgment ordering your ex-employer to pay you.


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