Can You Sue Your Job for Not Paying You?
You absolutely can sue your job if they do not pay you, provided that they have not acted with your best interests in mind. If you are in this situation, it is essential to understand the legal steps you must take to enforce your right to receive payment.
Legally Prove Breach of Contract
In order to sustain claims against an employer, you must first be able to prove that a breach of contract occurred. Here are some steps you may take to prove this:
- Keep a copy of your employment contract: This is your proof of the agreement between you and your employer.
- Document all communications: Keep a diary of relevant meetings, calls and emails. Make sure the entries show the date, the people present and what was communicated.
- Look for proof of payment: Keep a record of all your payslips and bank statements to verify that you received payment.
Take Legal Action
If you have followed the steps outlined above and have evidence of a breach of contract, you may proceed with taking legal action. Here are some key steps to take:
- Send a demand letter: In this letter, indicate that you are considering taking legal action if you are not paid. You may consider using a lawyer to draft this letter.
- File a claim in court: You may file a complaint in small claims court, a tribunal or a higher court, depending upon your jurisdiction.
- Enforce the judgment: If you win the case, you may use a court order to garnish wages or assets.
Ultimately, although suing your employer may seem intimidating, it is your right as a worker to seek payment based on the contract of employment you signed. If you need help understanding your legal options, it may be wise to consult with an employment lawyer.