In Ohio, will I recover my legal fees if I win suit against my old employer for unpaid wages

Asked about 3 years ago - Columbus, OH

My former employer witheld my final pay and the amount exceeds the small claim court allowance. The employer witheld it as a deduction for what they called a loan. I never entered any loan agreement with them. Therefore, if I win the case will the judge award me the cost of my legal expenses?

Attorney answers (3)

  1. Amy Lavonne Wells

    Pro

    Contributor Level 14

    1

    Lawyer agrees

    Answered . Generally speaking, if you have a Wage and Hour violation, it is subject to fee-shifting provisions, meaning your former employer would be obligated to pay your legal expenses if you prevail on such a claim.

    If you are interested in a free legal consultation, please feel free to contact me office. www.OhioConsumerHelp.com

    All the best to you.

    NOTE: This Answer does not constitute legal advice. Every case is fact specific. To render a legal opinion, an... more
  2. Herbert J Tan

    Contributor Level 17

    1

    Lawyer agrees

    Answered . In New Jersey, depending on where it is filed, you can ask for reasonable attorneys' fees. However, you may want to try your local Wage and Hour before proceeding to small claims.

    Herbert Tan, Esq.
    E-mail: Herbert@tanlaws.com
    Website: www.tanlaws.com

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  3. Dorothy G Bunce

    Pro

    Contributor Level 20

    Answered . An award of legal fees is usually discretionary with the court. The court usually will award "costs" such as filing fees & fee for process service to the winning party.

    Hope this perspective helps!

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