QUESTION
I would like information on filing a civil suit for unpaid wages
Asked on Feb 17th, 2015 on Labor and Employment - New York
1 ANSWER
Alimony Attorney serving Kennett Square, PA
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George,
Two quick thoughts regarding your query.
First, the New York Department of Labor offers a form that allows you to file a wage and hour complaint on your own. That complaint form can be found here: http://www.labor.ny.gov/formsdocs/wp/LS223.pdf
Second, the New York Labor Code has a wage collection law designated as "Payment of Wages" to collect wages that you are owed but are unpaid. That law specifies that employers must stick to their established pay schedule for paying employees. If an employee is separated, quits, or is fired, then that money will still be owed, typically by the next pay period.
There are other facts that are important to this claim, including: the nature of the work you performed, the employer's pay schedule, and any written contracts you have with that employer, as well as offers of bonuses or further compensation.
Despite this information, I would still consult with an employment lawyer in New York. I do not practice law in New York. Furthermore, there are other claims that could also be part of the complaint. Consulting a plaintiff's employment lawyer in your jurisdiction is my ultimate recommendation to you.
Answered on Feb 17th, 2015 at 5:44 PM