What can I do about not being paid what I’m owed?

UPDATED: Sep 30, 2022

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What can I do about not being paid what I’m owed?

I was employed by this company for a work-at-home job. I was employed as the backroom store manager. There was a contract agreement and I signed a W2. I fulfilled my half of the contract but still

was not, and have never been, paid for the job. Would that be a breach of contract?

Asked on July 14, 2017 under Employment Labor Law, New Mexico


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, it is a breach of contract to not pay you the agreed-upon amount for the work that you did. Your recourse--and unfortunately, your only recourse--is to sue them for the money, based on "breach of contact." The reason I say "unfortunately" is that unless they are local (your county), you will not be able to sue in small claims court; instead, you will have to sue in "regular" county court, which is slower, more complicated, and more expensive. And if they are out of state as compared to you, the cost and complexity increases further, since "service" out of state (delivering court papers to them in the legally proper way) is most costly and difficult out of state as a general matter.

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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