Skip to main content

A home health agency that my mom was transferred to due to the one she worked for closing refuses to pay her for days worked.

Brooklyn, NY |

A home health agency that my mom worked for closed and transferred their workers to another home health agency. Her last day worked at the first agency was lets use an example 3/23/12. She worked the dates of 3/24 and 3/25 with the second agency she was transferred to. The second agency is saying the first agency owes her payment however the last day worked at the first agency was 3/23. What can we do for her to receive payment? We have faxed letters and have tried speaking to supervisors. Thank you for all your help.

+ Read More

Attorney answers 1


She can sue them in Small Claims court. Before suing, send the company a demand letter for amount they owe to their corporate agent for service of process, which you can look up on the Secretary of State's website. Send it by certified mail, return receipt requested, or by FedEx or by registered email ( That way they know she's serious and she'll be able to prove receipt. Include a warning that once suit is filed, the lawsuit becomes a matter of public record, which means it will hurt their credit rating, and specify a firm deadline, 2 or 3 days from receipt of your letter, to comply or she'll have to sue in Small Claims court. If they don't comply by the deadline, follow through and sue.

Another possibility is checking with your state's Department of Labor - it may be possible to file a claims for unpaid wages, like it is in CA.

Avvo doesn't pay us for these responses, and I'm not your lawyer just because I answer this question or respond to any follow-up comments. If you want to hire me, please contact me. Otherwise, please don't expect a further response. We need an actual written agreement to form an attorney-client relationship. I'm only licensed in CA and you shouldn't rely on this answer, since each state has different laws, each situation is fact specific, and it's impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue.