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I haven't been paid at my new job, after three weeks. Should I sue?

San Francisco, CA |

I haven't been paid in three weeks. In fact, at my new job (retail in the mall) I have never been paid, despite services rendered. Initially, there was a mix up of my direct deposit forms, I filled them out wrong. And then my employers said they would send a check. Two days ago they informed me that they had sent my check via Overnight Delivery. It still has not arrived. Should I sue?

Attorney Answers 3


  1. "Should I sue" should not always be one's first response. I appreciate you may really need the money, but lawsuits will take 12 - 18 months, and even a labor commissioner complaint may take a lot of time. As a technical legal matter, payment should be provided on set days, and the employer may be subject to penalties and interest for failing to make timely payment. But it appears your employer tried, and there was a mix-up with the deposit, so they may be given the benefit of the doubt by a judge or Labor Commissioner. Yes, you may perhaps file a lawsuit against anyone once you pay your fee to the court, and other costs, but perhaps for now it is too soon, and you should just keep your employer informed that you need to be paid immediately!! Good luck.

    This information should not be considered legal advice or a legal opinion, and it does not create an attorney-client relationship. The information herein is general and for educational purposes only. A complete consultation, including review of facts and documents and research is required for specific legal advice or a legal opinion. You should consult an attorney for legal advice for your particular circumstances.


  2. you can sue if you wish. Do they give you meal and rest breaks along with pay for any overtime.


  3. Things you should do before considering a lawsuit: 1) Look for another job; 2) Continue to question your employer verbally and in written form about not being paid; 3) Copy higher level execs in with your written communication to the employer about not being paid; 4) Keep track of all hours that you work; 5) Keep copies of all documents associated with the issues you are having at your current job; 6) Consult with an employment attorney well-versed in wage/hour issues. GOOD LUCK to you.

    Lesly J. Adams has been licensed to practice law in California since 2010. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, consult with your own attorney.

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