Legal Question in Employment Law in Delaware

Re: Employer will not pay last paycheck

Have your atty issue a Demand Letter, then sue if not paid within 5 business days. You may be entitled to additional fees and attorneys fees by statute.

Re: Employer will not pay last paycheck

1113. Remedies of employees.

(a) A civil action to recover unpaid wages and liquidated damages may be maintained in any court of competent jurisdiction.

(b) Whenever the Department determines that wages, as required under this chapter, have not been paid, the Department may bring any legal action necessary to collect such claim. With the consent of the aggrieved employee, the Department shall have the power to settle and adjust any such claim to the same extent as might the assigning employee.

(c) Any judgment entered for a plaintiff in an action brought under this section shall include an award for the costs of the action, the necessary costs of prosecution and reasonable attorney's fees, all to be paid by the defendant. In the case of actions brought under this section by the Department, expenses and attorney's fees shall be remitted by the Department to the State Treasurer. The Department shall not be required to pay the filing fee or other costs of the action or fees of any nature or to file bond or other security of any nature in connection with such action or with proceedings supplementary thereto or as a condition precedent to the availability to the Department of any process in aid of such action or proceedings. The Department shall have the power to join various claimants in 1 preferred claim or lien and, in case of suit, to join them in 1 cause of action. (19 Del. C. 1953, � 1113; 55 Del. Laws, c. 19, � 1; 56 Del. Laws, c. 442, � 1; 64 Del. Laws, c. 226, �� 2, 3.)

� 1114. Regulations.

The Department shall have the power to make and revise or rescind such regulations as it may deem necessary or appropriate to administer or enforce this chapter and such regulations shall, except as may be otherwise provided by the Department, take effect upon publication. (19 Del. C. 1953, � 1114; 55 Del. Laws, c. 19, � 1; 56 Del. Laws, c. 442, � 1.)

� 1115. Short title.

This chapter shall be known as the "Wage Payment and Collection Act of the State." (19 Del. C. 1953, � 1115; 55 Del. Laws, c. 19, � 1; 56 Del. Laws, c. 442, � 1.)