In the world of employment, employers should pay all of their employees or workers fairly and on time because they have earned it. If they have been working every week, then the should be given a decent salary or wage promptly. If they have made great sales like a car or a residential property, then they should receive the commissions after a successful purchase. If they are working inside restaurants or any type of service establishment, then they should be rewarded with the tips given by the customers.
The bottom line is: everything that employees work for should be given back to them according to what has been stated in a contract or agreed upon. But what if I was not given a full compensation, can I sue my employer for not paying me? Yes, suing an employer for nonpayment of wage, salary, or any type of payment can be done under certain situations. However, there are cases when a lawsuit is not necessary.
When to File a Case
First of all, suing employer for non payment of wage may not be applied if you owe money to the employer, which happens to be a reasonable offset debts. For example, if your company has lent you a certain amount of money, and you have agreed to let the company get a portion or the full amount from your monthly paycheck until you have paid for everything, then there is no need to file a lawsuit.
Another case is when you received a tuition reimbursement or a moving allowance, and you did not do anything to pay for that certain amount, the employer can get a percentage of your pay until everything has been covered. And when it comes commissions, the company may hold the final commission until the customers have fully paid the item.
After knowing some situations when not to sue my employer for not paying me, this time, under what circumstances can I sue my employer for not paying me? Simple. When you do not owe the company or the employer anything and/or when your employer refuses to pay you without any valid justification, then you have every right to sue the employer for not fully compensating you. This is according to the Fair Labor Standards Act (FLSA) of the United States Department of Labor.
Reminders When Filing a Case
If for instance, your employer does not compensate you properly or hardly refuses to give you what you deserve, then you the option to sue him or her. However, lawsuits related to labor cases such as this may be expensive. So, before you decide to see your employer on the court, here are a few things that you should remember:
1. Gather legitimate evidences that can support your claims against your employer. If you can present these proofs, then it can increase the total amount that you want to get from the employer, making it more cost-effective on your part.
2. If there were instances when you were harassed or discriminated against your race, gender, sex, age, religion, religion, color, or disability, defamed you, or retaliated against you for certain issues at work, then you can use such claims when you go to the court as well.
3. If you are still planning to sue your employer for not paying you well, then think about if such lawsuit is going to be worth it. You already know that is going to be costly, so make sure will be completely ready for it.
4. Assuming that you have finally decided to file a case, but you are on a tight budget, you can go to a small claims court. However, you need to represent yourself and may take time before your case it going to be discussed.
5. In cases when you want a lawyer or you have to get one to represent you, ask the lawyer about the possible costs and the lawyer’s fee. As much as possible, you will do whatever it takes to win the case.