Do I have a case? May I handle this myself?
5 attorney answers
Yes you have a case. I do not know what the amount your owed. If 12k or less file a small claims action if over then you need to go to common pleas. Small claims I would advise you to do it yourself but if it goes to CP then get a lawyer.
Specific legal advice can only be given with full knowledge of all of the facts and circumstances of your situation. Posting a question on this website does not create an attorney-client relationship. All questions you post will be available to the public; do not include confidential information in your question.
If selling to pay residents, you can file in PA. If nj, you likely need to pursue a remedy there. Before any action, review the agreement terms and conditions.
All information provided in this comment is intended for informational purposes only and does not, by itself, create an attorney client relationship. Without the benefit of a personal consultation to explore all of the facts of your legal problem, the information in this posting may be inaccurate and for that reason it should not be relied upon.
you definitely have a case.
Option one: bring a claim
option two: go to the insurance department
option three: go to the employment division of your attorney general
Yes you have a case. You might do it yourself if the amounts are small. Otherwise, better to hire an attorney.
This answer is informational only and is not meant to constitute an attorney-client relationship.
A review of the contract should indicate whether is is subject to New Jersey law and jurisdiction or Pennsylvania. If it is subject to New Jersey law you can make a claim to the New Jersey Department of Labor at http://lwd.dol.state.nj.us/labor/wagehour/complnt/complaint_forms.html. Otherwise a claim to the Pennsylvania Department of Labor and Industry can be made at http://www.dli.pa.gov/Individuals/Labor-Management-Relations/llc/Pages/Wage-Complaint-Form.aspx.
In Pennsylvania you can also bring a private cause of action using an attorney. The Pennsylvania Wage Payment and Collection Law (WPLC) encourages settlement in actions brought by an attorney by providing for a “fee shifting” provision and liquidated damages. The “fee shifting” provision provides that an employee may request attorney’s fees from the employer if the employee prevails in a suit. Next, a court may award an additional twenty-five (25%) percent of the wages awarded. This additional percentage is liquidated damages. In essence, it punishes the employer for holding wages and acts as an “interest” payment for the amount withheld.
A very important provision under the WPCL is 43 P.S. 260.11a(b) and (c). This provision makes any “active decision maker” , personally liable for the wages due. This encourages agents and officers of a corporation to pay the wages and benefits due instead of trying to keep money within a corporation. Additionally, the member or officer may be found guilty of a summary offense and charged with a $300 fine, up to 90 days in jail, or both for violating the WPCL.
Disclaimer: Please note you should not rely upon the information provided herein as legal advice. It is for general informational purposes only. Legal advice can only come from a qualified attorney after having had an opportunity to become familiar with all of the fact specific circumstances of a particular legal matter, and then to apply or research the relevant law.