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Employer not paying?

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Rally

Well-known member
Joined
Jun 22, 2004
Posts
707
I have a situation where an employer is withholding pay. I left crappy job for safety issues, it was salaried position. They withheld my last pay check. I sent filed with state attorney generals office but they are know telling me that I should file a civil lawsuit. I am currently in a different state than the employer. Has anybody ever dealt with this? I was thinking small claims court, but can I file in my home state or will I have to go back to the state of which I was employed? Any suggestions?


Thanks
 
I'm curious about that too, I left a job for the same reason, and they docked $200. from my last check for not washing the plane.
 
There's a special division within your state department of labor that deals with these issues. If you look around on your state's dept of labor website, you should find something about it.
 
You may also try the Better Business Bureau in your area. They may be able to offer you options as well.
 
Check your state statutes. Many states have a law on the books where if you make a written demand for payment and they do not pay within 24 hous of notice they owe you double or more in the amount withheld. I would send the company certified mail return reciept so you have proof they recieved it. Then take them to small claims court... unfortunatly small claims normally must be heard in the county in which the company resides. If this is too far away the state labor department should be contacted as should anyother "alphabet group" you can, claiming you have been "discriminated against" or ect. ect.. You know the drill, make thier life miserable. You already blew a good recomendation. Good Luck.

Klingonlrdrvr
 
Small Claims!

Time for small claims court! Go to small claims that is in the city of your former employer and file suit. They will be summoned to court and forced to pay. I have done this and most state limits the amount between $2,500 to $5,000. I got 3,000 and it costed me some time. They can pay court costs too......F#$kem.
 
The problem is I am about 1000 miles from this state. Small claims would be a tough one. Although, could I file against him if he is also a resident of this state. He's a moves across the company (a la banner towers) during the winter and just so happens to come to my state. If I file up there he'll have to travel all the way up there for the case, it'll cost him money. What happens if he does'nt show? What happens if he shows and I don't? (make him travel up there and waste HIS money.). Not really about the money, more about the principal and keeping these dirtballs on their toes.
 
That is what happened in my case, they didn't show up for court! I won. The judge just asked how much do I want? He also said I would have won requardless. This is your best bet unless it exceeds $5,000. If you don't show up then they win!
 

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