How likely is it that I actually get unpaid wages?
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How likely is it that I actually get unpaid wages?
I worked for this restaurant but only for maybe a week and then the owner said he was going to pay me for a trial period for which he never did. I gave him short notice that I was quitting. We went back and forth about these hours for 3 weeks he told me he was holding my check until then for the short
notice quit. He would be selective about what he would answer through text but act like we were on the same page when I called him. I hadn’t been clocking in because I didn’t know how to and we had discussed my hours. I just wanted to know what we’re my chances of winning an unpaid wage claim with the limited proof I had? On paper it’s he said, she said.
Asked on March 22, 2018 under Employment Labor Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
When there is no written documentation of work done or amounts owed it is, as you say, "he said, she said." While technically, as the person suing (plaintiff), you have the burden of proof, that burden is a slight one: it essentially is 50-50, in that if you are more credible or persuasive than your employer, you can win. If the amount at stake is less than the limit for small claims court, suing in small claims, as your own attorney ("pro se") is a very good option: you will risk only your own time and a modest filing fee (usually around $50) in exchange for the possibility of recovering your wages.
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