What is my recourse if my employer refused to pay me for services rendered?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What is my recourse if my employer refused to pay me for services rendered?
I was hired to work for a private contractor to render services to a radiation oncology. The contractor lost his contract with the hospital therefore, he asked me to leave. He refused to pay me what he verbally promised that is an equivalent of 4 weeks of salary amount to approximately $15,000. What is my option?
Asked on August 22, 2016 under Employment Labor Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Your recourse is to sue: if someone violates their agreement to pay you for work you did or services your rendered, the way you get your money is to sue them. You can sue based on oral contract as well as a written one; in New York State, the statute of limitations, or time within which you must sue for breach of contract is 6 years, so you are well within time to sue. To win, you'd need to prove, including by the use of your own testimony, the terms of the agreement (i.e. what you should have been paid) and that you honored your obligations (i.e. that you did the work.) You could act as your own attorney ("pro se") but for $15,000, you would be well advised to retain an attorney to bring the action for you. In the course of the lawsuit, you can the contract using the legal mechanism of "discovery" (such as written questions or document requests), which lets you get information and documentation from the other side.
So if you want your money, file a lawsuit--that's how you start the process of getting it.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.