What is my legal recourse if my employer has not paid us in over 2 months?

UPDATED: Sep 29, 2022

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What is my legal recourse if my employer has not paid us in over 2 months?

They keep saying they are waiting on funding but we notice all the execs have new vehicles and peripheral bills keep gettng paid and they have hired around 10 new employees since my first missed pay check. I am salaried and know I can file wage claims but during all of this I was unable to pay my insurance premium (the company has not to date offered insurance to us), so was dropped and am now uninsurable until open enrollment. I have also had to take out loans in order to pay my bills and those payments are coming or have come due which has affected my credit negatively and I have incurred bank fees. Can I sue for more than just my owed wages due to damage?

Asked on July 29, 2015 under Employment Labor Law, Texas


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Yes, your recourse when someone owes you money--including for unpaid wages or salary--is to sue for the money you are owed. And when someone's wrongful actions (in this case, violating the agreement--even if only the oral/verbal one--between you that in exchange for working, you would be paid your salary), you may sue in addition for all "reasonably foreseeable" costs, losses, or damages caused by their breach or wrongful act. In this cae, that would include bank or overdraft fees and interest on loans you had to take out because you did not get your paycheck.

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