Suit against employer for non payment of wages

Asked over 3 years ago - Centerville, MA

Dismissed from employment for no reason on 1/21/10. Employer, , refused to pay me my last two weeks pay upon dismissal, and stated last two paychecks would be mailed. After a follow up two weeks later, on 2/4/10, I received an email stating that my last two paychecks were being withheld due to a fabricated inventory issue. Also stated was that if I contested, civil and criminal charges would be filed against me.

Relevant to this case, no mention of this or any inventory issues were stated upon my dismissal. The email came two weeks after I had been dismissed. Furthermore, all inventories were done and reviewed in the restaurant by myself and , and no discrepancies were found or discussed during my employment.

On 2/18/10, filed a Non payment of wages complaint against  with
the Office of the Attorney General in Boston. Received telephone call from from the Office of the Attorney General shortly after and reported the details to her.

After monthly follow up it was reported to me six months later that the employer had been cited and the Attorney Generals’ office was waiting for a response. Continued follow up with  has resulted in a current update as of 12/1/10, almost one year later, that the employer has requested an appeal, and is awaiting a hearing date. It was stated to me that there isn’t much that can be done until the hearing date. The unpaid wages total $3,300 – two weeks salary at $1,650 weekly.

I have become unemployed recently, and upon filing for Unemployment benefits,
it seems  have failed to furnish wage information to DOR and is holding up my claim now as well.

Attorney answers (1)

  1. Andrew Daniel Myers

    Contributor Level 20

    Answered . Congratulations on getting the Massachusetts Attorney General's office on your side, because that office is very busy and overwhelmed and must by definition severely limit those cases which it chooses to pursue. So, that you have gotten that agency to take on your case is a major accomplishment. I know it is no solace to you but you must simply wait until your hearing date. Many others have had issues similar to yours and have not gotten as far as you have and so you are ahead.

    In my practice, when clients report that employers have not paid them the wages that they are due, I refer them to the Massachusetts Labor Department. There is a division within that department that enforces the wage-hour laws and my clients have called me back and reported success.

    I recommend that you call your contact at the Attorney General's office and ask if also going through the Labor Department would conflict in any way with the AG's efforts. If not, I highly recommend that you pursue that avenue.

    This answer is provided for informational purposes only. Actual legal advice can only be provided in an office consultation by an attorney licensed in your jurisdiction, with experience in the area of law in which your concern lies.

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