Legal Question in Employment Law in Massachusetts

I have a non-payment of wage case in which the Attorney General's Office issued civil citations against my ex-employer for failing to pay me withheld wages. The civil Citation has not been paid by the employer. In other words, the employer did not pay me the withheld wages as ordered. Now the Fair Labor Division of the Attorney General's Office sent me a 'Private Right to Sue' letter which states I may also recover trebel damage.

I want to file my case in Small Claims Court. My initial claim is for $5,000. Small Claims hears cases up to $7,000. The Small Claims Court can issue an award exceeding $7,000 if the excess amount is for "statutory damages". Is the trebel damages, which is mandatory in Massachusetts, considered "statutory damages"? Will I be able to recover trebel damages in Small Claims Court?


Asked on 11/08/10, 1:45 pm

1 Answer from Attorneys
Christopher Vaughn-Martel Charles River Law Partners, LLC

The answer to your question is yes. So long as your base damages are within jurisdictional limits of the small claims, the court can award multiple damages, and attorneys fees, etc., in excess of that amount. If you would like some assistance in prosecuting your claims, please feel free to contact my office at 617-357-4898.

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Answered on 11/13/10, 3:59 pm


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