Can I sue my x boss for not paying me for over 7 years

UPDATED: Oct 15, 2017

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Can I sue my x boss for not paying me for over 7 years

My x boss never payed me the money he
had promised I worked for over 7 years
and the most I would get from him was
160.00 a week and In cash he promised
me the money when things get better but
he just lied every week

Asked on October 15, 2017 under Employment Labor Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Yes, you can sue him for unpaid wages, but not for all 7 years. Since you were evidently paid less than minimum wage (assuming you worked 35-40 hours per week for that $160), you can file a lawsuit for the difference between what you were paid and what you should have been paid under minimum wage for the last 4 years (you can only go back 4 years under what is known as the "statute of limitations," which defines how long you have to take legal action). If owed overtime that was never paid (when you worked more than 8 hours in one day or more than 40 hours in a week), under your state's law, it looks like you can also go back 4 years. Of course, to prove your case you will need time records for each week and also records of what you were paid.
If you contend you were promised more than minimim wage by your employer, you may sue for the additional amounts, too, but only for the last 2 years unless you had a written contract for the higher pay (in which case you could go back 4 years); oral (or unwritten) agreements can only be enforced (sued over) for two years.

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 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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