QUESTION

can i file lawsuit against my employer for not paying my salary for 3 months ?, will i win the case and get my money back?

Asked on Sep 20th, 2018 on Labor and Employment - Texas
More details to this question:
I worked for this employer for about 4 years, he didn't pay me for 3 months salary and some of my out of pocket money to take care of his business, total of 10,000$, then i quit in 2017. It has been 1 year 8 months since i quit working for him. I tried to collect my money by phones, text messages and he only promises and excuses, i am tired of it and want to seek lawsuit to sue him, I know he owns lots of properties, lands, houses, he just does not want to pay me back. what should i do ?
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1 ANSWER

Litigation Attorney serving Weatherford, TX
Partner at ROGERS, LLP
2 Awards
First, if this happens again in the future, don't wait so long to do something about it.  Within 180 days of a missed paycheck, you could have filed a wage complaint with the Texas Workforce Commission, which would have pursued this matter for you for free.  You are too late to take that route now, but you still have options. You will now have to file a lawsuit for your employer's breach of the contract in which he/she/it agreed to pay you for your labor.  There doesn't have to be a written contract (great if there is).  The law implies a contract.  You performed your part of the agreement - you worked.  The employer failed to pay its part of the agreement - to pay you.  The reimbursement part is the same theory, just a little trickier.  You are going to have to show that the expenidtures you made were authorized by the employer.  That can be done by showing a specific authorization (some kind of writing, e-mail, text) or by showing that you have incurred similar expenditures in the past, which the employer did reimburse. Probably the easiest place to file your case is your local small claims (Justice of the Peace) court.  To be exact, the JP court that covers the area where your employer's office is located or, if that is a long way from you, the JP court over the area where you performed the work. JP Courts have forms to fill out and they do not require that you be knowlegeable about the law.  See  https://www.traviscountytx.gov/justices-of-peace/jp1/filing-suit for more information.  However, be aware that a JP Court can only hear a case where the maximum damages are $10,000.00.  So you won't be able to collect more than that, except you can collect your filing and service fees on top of the money you are owed. Your other option is to go to a County Court at Law or District Court, either in the Employer's county or in the County were you performed the work.  These courts won't be limited to $10k.   However, I don't recommend you try this without a lawyer, who will charge you for the representation.  In a breach of contract case, you can recover your attorneys fees in addition to the unpaid wages.  If you choose not to go the JP court route and want to hire a lawyer and if you are in or near one of the big counties (Tarrant, Dallas, Bexar, Travis, Harris, El Paso) and possibly some of the medium sized counties (Taylor, Smith, Collin, Lubbock, Potter, Bowie etc.) you may find that the local bar association has a "lawyer referral service".  If they do, you might be able to find an attorney though one of them who will do an initial consultation for $20-$50.  That won't be for the whole case, but for that small fee you can find out about your rights and your chances of winning and the cost of further representation. Good luck.
Answered on Sep 24th, 2018 at 8:36 AM

The forgoing is for general information purposes only and does not constitute legal advice or establish an attorney-client relationship.

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