Can I Sue My Employer for Not Paying Me Correctly?

Mission Personal Injury Lawyers | December 12, 2024 | Workers' Compensation

Can I Sue My Employer for Not Paying Me Correctly?

If your employer is not paying you correctly, you may be able to sue. California maintains very progressive labor laws designed to protect employees from unscrupulous employers. Suing is not your only option, however. You can also file a wage claim with the California Labor Commissioner’s Office.

California’s Wage and Hour Laws

California has passed some of the most protective labor laws in the nation. The state minimum wage is $15.50 per hour as of 2024, and it rises periodically. Contrast this with the 2024 federal minimum wage of only $7.25. 

Overtime pay begins after eight hours of work in a single day, and it adds up to 150% of regular wages. More than 12 hours in a single day results in a wage of 200% of normal wages, at least for the increment that exceeds 12 hours. As an employee, you are entitled to a 30-minute meal break for any shift over five hours. 

You are also entitled to paid rest breaks of 10 minutes for every four hours you work. Finally, as a California employee, you earn an hour of sick leave for every 30 hours you work. The California Labor Commissioner investigates claims of wrongdoing and penalizes employers who break the rules.

If your employer has shortchanged you, you have two enforcement options–you can file a lawsuit, or you can file a wage claim with the California Labor Commissioner’s Office.

Filing a Lawsuit for Unpaid Wages

To file a lawsuit for unpaid wages in San Diego, you must file your claim in Small Claims Court (for claims under $10,000) or in Superior Court (for claims of any amount). You must file a written complaint, which is subject to fewer formalities in Small Claims Court. 

You also must pay a filing fee, which is typically (but not necessarily always) under $100 in Small Claims Court but several hundred dollars in Superior Court. Finally, you must arrange for a neutral third party to deliver a copy of the complaint plus a court summons to the defendant.  

The benefits of filing a formal lawsuit for unpaid wages include the following:

  • You can seek non-economic damages, such as emotional distress, which could amount to more than 50% of your total claim. Keep in mind that emotional distress can be difficult to prove in a wage claim.
  • You can seek punitive damages. Punitive damages are very difficult to prove, however.
  • You enjoy greater control over legal strategy and arguments.
  • You can typically seek a wider range of damages, including noneconomic damages like emotional distress.

However, some of the main disadvantages of filing a lawsuit for unpaid wages include:

  • Resolution of your claim can take months or even years in rare cases.
  • Resolving your claim in court is typically more expensive than a wage claim.
  • The entire process is more complex.

In a nutshell, filing a lawsuit is slower but potentially more lucrative than filing a wage claim.

Filing a Wage Claim

To file a wage claim, you must submit a claim form that includes information about your employment and unpaid wages. The Labor Commissioner will conduct an investigation and (perhaps) schedule a hearing to resolve your claim. 

Pros of filing a wage claim include the following:

  • It’s quicker.
  • It’s cheaper.
  • It’s simpler.

In terms of enforcement, the Labor Commissioner has strong enforcement powers to help you collect your money. By contrast, if you win a courtroom judgment and the defendant refuses to pay, you’ll have to file a separate enforcement action.

However, there are still disadvantages. Here are some of the disadvantages of filing a wage claim as opposed to suing in court:

In other words, pursuing a wage claim is likely to be quicker but potentially less lucrative than filing a lawsuit.

Time is of the Essence–Contact a Lawyer Today

You’re probably going to need the help of a lawyer to win a claim against your employer, although some people do pursue wage claims without legal representation. Rest assured—San Diego law firm Mission Personal Injury Lawyers has won tens of millions of dollars for its clients. 

Don’t worry about struggling to afford expensive “billable hours,” as we work on a contingency fee basis, which means you don’t pay attorney’s fees until and unless you win. Contact our team today to schedule a free consultation with a San Diego personal injury lawyer. 

Contact the Workers’ Compensation Law Firm of Mission Personal Injury Lawyers Today To Get More Information

If you’ve been injured in San Diego or Chula Vista, please call Mission Personal Injury Lawyers for a free case evaluation with a personal injury lawyer or contact us online.

We proudly serve San Diego County and throughout California.

Mission Personal Injury Lawyers – San Diego Office
2515 Camino del Rio S Suite 350, San Diego, CA 92108
(619) 777-5555

Mission Personal Injury Lawyers – Chula Vista Office
690 Otay Lakes Rd #130, Chula Vista, CA 91910
(619) 722-3032

We also serve the state of Texas. For legal assistance, contact our personal injury law office in El Paso today.

Mission Personal Injury Lawyers – El Paso Office
201 E Main Suite 106, El Paso, Texas 79901
(915) 591-1000