Small Claims Court
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Small Claims Court
I am demanding 300.00 from employer for unpaid wages. Am I suppose to also add
more for the time spent doing so? Fees and emotional damage? Please advise.
Asked on March 25, 2017 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
No, in a lawsuit like this (for unpaid wages) you cannot recover additional amounts for your time, for legal costs (if you have an attorney), for any costs of lawsuit (e.g. mail, parking at the court, milieage, copies, etc.) other than the filing fee, or for emotional distress--all you can sue for are the actual unpaid wages. It is essentially a contractual claim--they violated the agreement (even if only an oral, or unwritten one) pursuant to which they would pay you for the work done; in a contractual claim, you are limited to recovering the money should have received under the contract, and in any lawsuit, you cannot be compensated for time, costs, or attorney fees. (There are a very few causes of action which by statute, or law, allow recover of attorney's fees--but this is not one of them.)
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.