If my employer has not paid me for my last paycheck, what kind of legal action can I take?

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If my employer has not paid me for my last paycheck, what kind of legal action can I take?

Today is “payday” but I have been told that I will not be paid today. That is gross pay of now $1500 owed to me. What kind of legal action can I take?

Asked on November 30, 2011 under Bankruptcy Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If a debt, including wages or salary owed for work performed, is not paid when due, the person to whom the money is owed may sue for it. Unfortunately, you can only sue the actual amount owed and for any other out-of-pocket costs or losses you suffered as a result of the late or non-payment: e.g. any late fees you incurred because you couldn't meet your own obligations. That means you can probably only sue for  $1,500 or so. For that amount, you should look to sue in small claims court, representing yourself (no lawyer fees). Note that even in small claims court, where cases typically move faster, it will take a few months for  this case to come to trial.


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