If you’re an employed New York resident who hasn’t been paid for working extra hours, you can file a New York lawsuit for unpaid wages. Unpaid overtime claims also seek court costs and fees associated with pursuing legal action.
In the past, many employers were hesitant to pursue the idea of a lawsuit for unpaid wages because of fears of negative public publicity or long-term financial losses. However, recent amendments to state labor laws have made it easier than ever for employees to seek retribution for their employer’s negligence. If you’re ready to seek recourse for your work-related injuries, it’s time to contact a qualified personal injury attorney.
Lawsuit For Unpaid Wages
In New York, if an employee isn’t paid for work that was performed beyond the agreed term, the employee is usually entitled to compensation for those damages. However, if an employee stops working after being given notice that wages are owed, he is generally considered a ghost. An employer must give written notice of a pending claim for unpaid wages and never stop working for just cause.
There are a few different methods available when filing a lawsuit for unpaid wages.
The most common is to bring a personal injury lawsuit, which is similar to a slip-and-fall case. In such cases, the plaintiff must show proof that the defendant was negligent and that damages resulted from that negligence. Proof that an employer was aware of a genuine employment problem and did nothing to correct the situation is essential for a successful lawsuit. For example, if an employee is owed two-year wages but never paid until his next payday, the employer must be found in violation of New York law if the employee is granted recovery.
Most lawyers also encourage their clients to file lawsuits against large corporations that routinely violate wage laws.
Large companies that employ hundreds or even thousands of employees may not be too willing to settle out of court, so the best option is to go to court. Employers who know they will have to fight a lawsuit for unpaid wages often choose to settle rather than fight it in court, which can benefit them financially. Many times, employers are represented by a so-called “plummetainer” – a lawyer that collecting legal fees for clients, allowing him to avoid serving the plaintiff.
A common method used in small claims is called “duress.”
This means that the plaintiff files a complaint and then demands double damages – wages plus all applicable penalties. If the employer contests the complaint, a judge may award double the actual damages. For example, if an employee is owed three months of salary plus benefits, but receives only two weeks, the lawsuit may award the full amount. If the employer chooses to fight a lawsuit for unpaid wages, he must prove that he is not liable for the damages.
Sometimes employers act in bad faith.
They may not actually owe an employee what is owed. They may simply try to get out of paying a bill by filing fraudulent claims. In this case, the employee can file a claim for either actual damages or punitive damages. The former is a court judgment, while the latter is money awarded to the plaintiff. If an employer chooses to challenge a lawsuit for unpaid wages, it’s wise to consult with an experienced attorney.