Unpaid wages

[worker_bee]

What is the name of your state (only U.S. law)? MD

When my former employer permanently laid me off (because they were unable to pay me,) they owed me roughly $10K in a combination of regular wages, mileage, expenses, and bonuses. They have since repaid me roughly 2K in the 2.25 years since.

Possibly relevant details:
- The company doesn't dispute the fact that they owe me money
- The company doesn't dispute the amount they owe
- I have emails to demonstrate what they owe, the numerous promises they've made to repay me, and the amount they owe
- I lived and worked in MD. The company is located in SC.

My understanding is the statute of limitations to either file a complaint with the MD Dept of Labor or file a lawsuit is three years (though I'd welcome confirmation on the statute of limitations from someone who knows for sure.)

My question: Would I be better off filing the complaint with the labor board or contacting an attorney and filing a lawsuit? Does anyone have experience with these sorts of claims and have any guidance to offer?

 

[cbg]

The DOL will not support your claim for expenses, bonuses or mileage - only wages. So if you're looking for those to be reimbursed, your choices are limited down to one.

 

[worker_bee]

Thanks, cbg. I obviously didn't know the labor board only deals with regular wages.

 

[eerelations]

Thanks, cbg. I obviously didn't know the labor board only deals with regular wages.

It's because there aren't any laws requiring employers to pay expenses, bonuses or mileage.

 

[worker_bee]

eerelations,

Since I have a spreadsheet created and sent via email by the CEO detailing all the outstanding monies owed to me, along with a schedule for repayment (which was obviously not followed,) that should help my case should I sue, correct?

 

[eerelations]

eerelations,

Since I have a spreadsheet created and sent via email by the CEO detailing all the outstanding monies owed to me, along with a schedule for repayment (which was obviously not followed,) that should help my case should I sue, correct?

To paraphrase what cbg told you, you cannot go after these non-wage monies via the DOL, you have to sue in small claims court. I was simply responding to your statement that you were unaware that the DOL didn't handle these types of payments by explaining that it's because there are no laws addressing them.

Obviously the more hard evidence you have, the stronger your small claims case will be.

 

[Zigner]

eerelations,

Since I have a spreadsheet created and sent via email by the CEO detailing all the outstanding monies owed to me, along with a schedule for repayment (which was obviously not followed,) that should help my case should I sue, correct?

It might, if you end up in a court that doesn't care about following the rules of evidence...

ETA: Your "evidence" could have been whipped up on a computer in about ten minutes...maybe fifteen if you want to get super fancy on faking the email, etc.

 

[worker_bee]

8K is above the limits for small claims court (5K in MD,) so I suppose I'll need an attorney.

Would it make sense to attempt to have the principals confirm both the debt and the amount in writing?

 

[eerelations]

Of course.