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Employer refused to pay earned wages
Anonymous8 views2 answers
I worked for a company that did not pay me for three weeks worth of work. I contacted the department of labor and they started a claim for me. The business owner did not respond to the claim made by the department of labor so my claim was closed and I was advised to take my claim to small claims court. I cannot afford a lawyer or filing fees. What do I need to do?
You may be able to obtain representation without paying the lawyer directly, or filing fees.
You can search for a lawyer in your area using http://www.attorneyqna.com/employment-labor-lawyer.html. Find one that offers a free consultation. After you find a lawyer you like, you two can discuss ways of resolving your case. Your case may be "fee shifting", that means the losing Defendant would be liable for your attorney's fees. Also, you may be eligible for a cost waiver from the court, meaning you may not have to pay filing fees.
Good luck.
I agree with Samuel's response. In addition, Tennessee's version of "small claims" court is called General Sessions Court. In Shelby County (Memphis), where I practice, the fee to file a civil warrant (the "complaint" in General Sessions) is only $119.50 — which includes having the sheriff serve the warrant. You may file a civil warrant in General Sessions yourself without an attorney for any claim up to $25,000. Most of the time, the clerk's office is pretty helpful in assisting you with filing a claim (I'd call the clerk at the link I've attached to ask them about the process in Sullivan County).
My only word of caution in taking this route is this: If your employer shows up with an attorney on the day your case is set, ask for a continuance so you can obtain counsel of your own. Most of the time, the court will give you anywhere from a week to 30 days to do so. While most folks manage fine when its pro se (meaning "for yourself" or without an attorney) vs. pro se, trying to go up against seasoned counsel is not a good idea — they may completely frustrate your efforts to tell your side. And unless you know how to parry their thrusts, you will not be happy with the result.
A General Sessions lawsuit will typically not go more than an hour or two, tops. It's not a "court of pleading", so there's no drawn out discovery process, etc., which is what makes litigation so incredibly expensive. You may be able to find a local general practitioner who could do your case for 2-3 hours of his time (1 to prep, 1-2 to try the case). If so, you're only talking $400-$900. Depending on what you're owed, that may be worth it.