Legal opiniosn needed on state labor issue

Discussion in 'Legal Issues' started by zman, Nov 16, 2005.

  1. #1
    Let's just say that I am in a bit of a situation where I may need to take my former employer to court over unpaid wages. Based on your opinion, how would I enforce or collect the unpaid wages without having to go to my attorney? Is it possible? Is this easy?


    And for some added information, it has been 21 days since the last day of employment, and yes, I have been denied access to the funds owed to me by the company.
     
    zman, Nov 16, 2005 IP
  2. Phidippides

    Phidippides Peon

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    #2
    I'm not giving you legal advice, but I know that small claims courts are available for persons who want to seek redress, I believe without an attorney. You should check what the limit of the amount in controversy is (perhaps ~$2500 U.S. or so). If you're seeking more, you might be forced to file in some other court (e.g. district court). After a certain point, the process becomes complicated enough that it would hurt you not to hire an attorney. You may be able to recoup attorney's fees from the other side if you win.

    Of course, the threat of being dragged into court might be enough to make the violating party agree to a settlement. This is where an attorney comes in handy.
     
    Phidippides, Dec 5, 2005 IP
  3. marketjunction

    marketjunction Well-Known Member

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    If you are trying not to get a lawyer involved, craft a professional letter outlining your date of leaving, days since, the law and what is owed you. Give them a time to reply with your payment and inform them that you will be pursuing the matter legally if your payment is not received by the deadline.

    Small claims is one option. You will be representing yourself (no lawyers allowed in small claims). Additionally, the burden of collection is on you. There is no magic wand waived that puts the money in your bank account.

    If you show the company that you know the law and mean business, they tend to fold.

    If the deadline is missed, you could forward the story (and supporting documents) to your local media (papers and television). Bad press is a beautiful thing.

    Here's the kicker. I would offer them a settlement of the original amount owed. This will give them extra incentive to just pay up. Advise them that should the matter be escalated, you will seek the highest amount permissible by law.

    If you can wait on the money, wait until 30 days to send your letter. This gives you more potential damages. Additionally, do not speak ill of them. If the matter ever went to court, you need to be able to show the judge, even though they were wrong, that you went out of your way to rectify the matter professionally.

    This post is getting long, but if you really have time to wait on the money, send them an informal style letter, but kind, simply stating when you quit (or were fired), the amount owed and ask for payment. You want them to not pay any attention to this letter so tone it down. This letter will show more effort on your part and increased communication initiated by you.

    Make sure you send all letters via CRRR (Certified Return Receipt Requested).

    Let me say, I am not giving you legal advice. You are on your own. While I have dealt in the law many times on various issues and plan to go to law school, I am not a lawyer.

    Good luck!
     
    marketjunction, Dec 8, 2005 IP