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?
Employment / Labor Attorney
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.
The National Newark Building
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Newark, New Jersey 07102
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New York, New York 10007
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!
Identity Theft Lawyer
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 attorney must engage in a consultation with a prospective client and review any pertinent documents. This communication does not create an attorney-client relationship with Attorney Amy L. Wells or WELLS LAW OFFICE, INC.