Legal Question in Employment Law in Georgia
What can I do about getting money owed 4000$ from a company I stopped working for 5 months ago. I worked as an employee for 10 years and then we were changed to subcontractors so they could avoid payroll taxes. At first they said they would pay the money owed when they got money, pay you next week etc etc etc and now they will not answer emails or phone calls. I also have some personal items at the company that i would like to have back.
2 Answers from Attorneys
I would first suggest a demand letter written by an attorney, and then, if that does not work, filing in the local magistrate (small claims) or state court for the amount owed.
Another approach would be to sue them not just for failing to pay you the $4000 but also for violating the Fair Labor Standards Act ("FLSA"). If you won an FLSA case this would entitle you to collect the unpaid amount plus a similar amount as liquidated damages. Plus, the employer will have to pay your attorneys fees.
An employment attorney should review your pay history, your job description, the evidence showing whether you worked more than 40 hours in each pay period, and whether the employer paid you 150% of your hourly pay rate for every part of an hour that you worked in excess of 40 hours in each 7 day pay period. Youcan collect your unpaid wages and overtime going back 3 years from the date you file the lawsuit.
All of this presupposes that your company does at least 1 million dollars worth of business per year, and that you are a non-exempt employee as those terms are defined in the FLSA.
Michael Caldwell
404-979-3150
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
