What to do if my former employer only paid me minimum wage for my last month with no notification or warning?
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What to do if my former employer only paid me minimum wage for my last month with no notification or warning?
I can’t take them to small claims court because they don’t have a representative here in my state to be served. What are my options?
Asked on December 12, 2012 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
While your wage may be reduced (if you did not have an employment contract), so long as it remains minimum wage or better, it does require notice or warning that this is being done: the reduction is only effective from the moment of notice forward. Retroactive wage reductions are illegal. From what you write, therefore, you may have a legal claim.
Howver, if there is no in-state representative for service, you'd have to file a lawsuit in the regular county courts, which typically costs $100 - $200 and can be complex for a nonlawyer. Also, collecting on an out-of-state party requires additional steps (and costs), even if you win your case. Unless you are owed enough to justify hiring an attorney (so, more than, say, $1,500), it is unlikely to be worthwhile to sue.
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