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Does anyone know to how to file a small claims lawsuit against a former employer?

I worked for a call center..... i resigned and they have yet to pay me my last check. i did everything the professional way i provided my manager and the human resources dept. with a resignation letter and i worked my schedule without being late or missing shifts before i left....

i went in to the hr dept. and spoke with the payroll specialist and he assured me it would be taken of. nothing has been taken care...... i called today and spoke with the hr specialist and she had an ATTITUDE...... basically she acted as if it was not a big deal..

 
survivormama10

Asked by survivormama10 at 12:49 PM on Apr. 7, 2011 in Money & Work

Level 10 (492 Credits)
This question is closed.
Answers (10)
  • You need to contact employment securit (unemployment) and explain what is going on. They should be able to get you in touch with your local office of the EEOC. That way you can file a complaint, they usually can help. If they cannot then you just go to the courthouse and file in small claims court. You can call ahead to see what the filing fee is.
    gemgem

    Answer by gemgem at 12:51 PM on Apr. 7, 2011

  • They have yp to 30 days to mail you your last check by law. You can call your state department of labor and file a complaint for free. They will call the employer and youll have your check before you know it.
    vbruno

    Answer by vbruno at 12:51 PM on Apr. 7, 2011

  • I would call them back and tell them to "Call your lawyer" I am sure once you say that your check will be right in the mail.
    Cassidysmom611

    Answer by Cassidysmom611 at 12:52 PM on Apr. 7, 2011

  • Call the labor department in you state,,,This is highly illegal, when was your last pay check supposed to be issued?
    kimigogo

    Answer by kimigogo at 12:55 PM on Apr. 7, 2011

  • not sure but i would call the eeoc they fight for employees contact them and see what they say
    MominCa

    Answer by MominCa at 12:52 PM on Apr. 7, 2011

  • Go to your local courthouse and get the paperwork. They will send your former Employer a letter and set up a court date. But it will most likely be settled outside of court. You might also consider sending them a formal letter letting them know you will be going to get the papers on such and such a date if they have not paid you for your time. That might just be enough kick to get them to pay you. Good luck!!
    BabyBugsmama

    Answer by BabyBugsmama at 12:53 PM on Apr. 7, 2011

  • Many employers have you sign papers when you are first hired that you never think about until after you no longer work there. Many businesses have policies that give them 4-6 weeks for final paychecks to be mailed. They say it has to do with accounting and auditing, pay period scheduling and 100 other things. At 6 weeks if you still have no check send them a certified letter(keep a copy) outlining dates and details and give them 2 weeks to comply. If they don't file a small claims court suit. Make sure all work equiptment was turned in, locker cleared.
    GrnEyedGrandma

    Answer by GrnEyedGrandma at 12:56 PM on Apr. 7, 2011

  • just go and file at the EEOC and they will send out a letter and take care of it from there.
    lucky35

    Answer by lucky35 at 3:45 PM on Apr. 7, 2011

  • I would tell them to call my lawyer
    Brandy928

    Answer by Brandy928 at 6:07 PM on Apr. 7, 2011

  • If it has been more than 30 days since the pay date, file a claim with your state's department of labor
    rkoloms

    Answer by rkoloms at 3:01 PM on Apr. 9, 2011

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