Expert Advice When You Need It Most

Small claims... Never received work check

Asked over 3 years ago - Milwaukee, WI

Lawsuits

I worked an assignment for a staffing agency and it was about a week long in the beggining of October.It is no wgoing on the second week of November and I still have no check. I have constantly called and contacted the agency and they keep giving me the run around. I finally got in touch with the supervisor and he told me my check would arrive to my address in two to three business days, this was two weeks ago. Now everytime I call no one answers or they tell me the supervisor is busy. Could I make this into a case or should I count it as a loss.

Flag

Save

Share with:

Attorney answers (1)

Matthew L. MacKelly

Reputation Level 8

Answered over 3 years ago. Litigation Lawyer in Milwaukee, WI.

Flag

Whether you want to make it into "a case" is up to you. Based on the facts you present, there appears to be a violation of state and federal wage-and-hour laws. You should have been paid everything you earned on your regular pay date. You could file a small claims complaint or you can file with the state's Labor Standards Bureau. I'd have to double check, but I believe that, if this is held to be a wage-and-hour law violation, you might be eligible for double damages (that is, the amount the employer owed you, plus that same amount as statutory damages). You might also be able to get attorney fees. (You may want to call Attorney Larry Johnson at 262-548-0001 to confirm this response, just let him know that I referred you to him.)

If you were considered an independent contractor, the entire analysis may change.

Mark as good answer

Add comment