Legal Question in Employment Law in New York

I was hired as a legal assistant by an immigration attorney. We discussed and agreed upon a salary of $40k per yr during the interview. He requested that I start the next day and, unfortunately, I didn't sign a contract stipulating this, no tax forms etc.

I worked for a total of 3 days before he terminated me by email, in which he asked for the address to mail a check. I sent the information, and after almost two weeks and no check, sent it again and asked when he was going to send my paycheck. All of my emails have been ignored, leading me to believe he has no intention of paying me.

I have emails discussing the work done, including our last communication where he said that he would be sending me a check.

What recourse do I have? how much money am I entitled to?


Asked on 9/22/10, 1:27 pm

1 Answer from Attorneys
Arnold Nager Arnold H. Nager, Esquire

You can file a complaint with the NY Dept. of Labor. In addition the NY Attorney General's office may be able to help you. Failing that, you can file a wage claim in Small Claim's Court in the county the lawyer is located in. You want to claim the fair and reasonable value of your services. This is known as "quantum meruit."

Good luck

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Answered on 9/27/10, 2:28 pm


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