What to do about getting back pay

UPDATED: Oct 2, 2022

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What to do about getting back pay

On the 4th of October my employer deposited a
check into an account that I had told him was
closed the money refunded back to my employer
and it’s been 4 weeks and I still have not
gotten a check or anyting on the Friday I had
another payday I got that check deposited into
my account and they said they deposited the one
from the 4th but it’s not there and they keep
giving me the runaround I kind of don’t know
what to do

Asked on October 21, 2019 under Employment Labor Law, California


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can sue your employer for breach of contract / account stated.  Your damages (monetary compensation you are seeking in your lawsuit) would be the amount you are owed.  Depending on the amount of your damages, you may be able to file your lawsuit in small claims court.
Upon prevailing in the case, you can also recover court costs which include the court filing fee and proces server fee.

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.

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