Claim for a wage theft?

Asked 10 months ago - Miami, FL

Last employer did not pay me my last two weeks. I filed a claim with the county, and we will have a hearing soon. It will be basically my word against my last employer words. There are not documents to prove anything. Should I still appear in court? Does it makes sense to send my ex employer a letter asking her to settle for less and avoid court?

Attorney answers (2)

  1. Benjamin Harris Yormak

    Pro

    Contributor Level 10

    1

    Lawyer agrees

    Answered . Cases for unpaid wages are often quite complicated and you should certainly be seeking counsel. From the bare facts provided, it appears that your former employer failed to pay you for your last two weeks worked. If true, this would likely be a violation of the Fair Labor Standards Act (FLSA). Did you have timesheets or any other way to confirm that you worked those hours? Claims under the FLSA are federal claims that would be brought in federal court- a benefit of a FLSA claim is that it comes with an award of attorney fees in addition to recovery of unpaid wages/overtime.

    Feel free to contact me directly for further information at 239-985-9691 or to speak confidentially- the... more
  2. V. Jonas Urba

    Pro

    Contributor Level 13

    1

    Lawyer agrees

    Answered . Many years ago a wise attorney told me that "it's not the side with the most witnesses who wins".

    Judges are no dummies. When you walk into court and your boss walks into court judges can see through the fast-talking, slick witnesses or parties very quickly (sometimes they're the employers and sometimes their the employees and every once in a while it's both sides).

    You have to decide if your presentation alone will sway the judge over how your employer will appear. If they have a lawyer you should probably have one. Even if they don't have a lawyer it's a good idea to bring your own. Otherwise, if you appear for a bench trial, you are at the mercy of the Court and one thing you never, ever want to do is misrepresent facts to the Court. That's pretty much sudden death. Good luck.

    Not legal advice / No lawyer/client relationship.

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