For an Initial Consultation, call (917) 371-8000

Steven Mitchell
Sack

The Employee’s Lawyer®

Welcome to The Law Offices of Steven Mitchell Sack

Enforcing the workplace rights of thousands of employees, executives and sales reps for more than 44 years.

steven mitchell sack

Wage Claim Disputes

Sometimes a dispute concerning wages, overtime, or other monetary benefits can arise with an employer.  Many people believe that they will have to get an attorney involved if such a situation arises.  However, this is not always the case.  A wage dispute may sometimes be resolved without legal intervention simply by sending a letter through certified mail, return receipt requested, to the employer advising them of your claim.  If you do not receive a response to the first letter, send a follow up letter advising them that you will proceed to legal action if your demand is not met.

If your matter has not been resolved after sending the second letter, you may resort to suing in small claims court to help collect the compensation you are owed if it is an amount up to $5,000.  You can do this pro se, but first you must have a valid claim.  This means you must:

  • Identify the person or business that caused you harm
  • Calculate the amount of damages you suffered
  • Show there is some basis in law to have a court award you damages
  • Be sure you were not the main cause of your own harm, that you haven’t waited too long to start the action, and that you didn’t sign a written release

Usually the claimant will pay a $25 fee and either go to court in person or mail in a complaint which includes your name and address, the name and address of the person whom you are suing, the amount of money you are owed, the facts of your case and the reason you are seeking a remedy.

You can only sue to collect money.  Make sure you keep a list of all incurred expenses from your employer including gas mileage, tolls, telephone costs, sales tax, and interest if applicable.

Your employer can respond in one of a few ways.  First, they can either deny your claim in writing, appear in court to deny the claim, counterclaim, or settle out of court.  If your employer wishes to proceed to small claims court, you will have several weeks to prepare your case.  During this time, you should prepare any relevant paperwork including the letters you sent, contracts, tax returns, receipts, canceled checks, etc.  In addition, consider any witnesses you may have to attend the trial on your behalf and prepare your testimony.

One thought on “Wage Claim Disputes”

  1. I always wondered what I would have to do in a wage claims dispute. It is good to know that I can hire an employment attorney to help out. I wouldn’t feel comfortable trying to figure this out on my own. Thank you for your tips and information.

Comments are closed.

    If you have experienced any of the below, fill out the form to the right to set up your FREE PHONE CONSULTATION:























    What’s Happening at The Law Offices of Steven Mitchell Sack

    new york lawyer
    new york lawyer awards
    new york lawyer blog

    Our Reviews and Client Feedback

    I wish I had found him earlier. He is absolutely excellent, honest, kind and respectful. He is a man of honor and integrity. He's doing this to truly help people, especially the vulnerable and underrepresented. When other lawyers only see dollar signs, he doesn't. He sees you as a person, and cares about you and your rights. Set up a consultation with him and you won't regret it.
    Steven was incredibly responsive in my situation, providing deep expertise around employment law and negotiation tactics. Even during the after effects of a snowstorm, he rushed me his book and took numerous calls. He was generous with his time, fair and direct with his guidance, but still allowed for situational understanding and getting to know me. Even though I did not need to retain his full service beyond a consultation, he still let me fully maximize the time he agreed to share and gave me the confidence I needed to handle the situation despite a very complicated SaaS tech situation. I was happy to share back with him that, even though the odds were very slim, his support did end up leading to a slight improvement in my case which is of course better than nothing.

    If you're looking for someone who truly knows the law, how to negotiate, and will do his best to fight for you - even if that's telling you the cold truth about your chances and still giving you support anyway as you ask - you need to call Steven!

    There are very few employment lawyer specialists I have learned with many friends in law and there even fewer with his track record.
    Steven is simply phenomenal. From the moment I first tried to contact him through the consultation conclusion. I attempted reaching 5 other NYC-based employment attorneys and all others either didn't respond or had me bouncing between secretaries only to finally send me an intake form anyway. Steven not only responded immediately and in person, but was able to schedule me for a consultation the same day, which was critical given a deadline I had to meet. Our meeting took place punctually at the time scheduled, Steven helped me with my inquiry, explaining all the legal language and answering all my questions exhaustively. He was perfectly clear, thorough, respectful, honest, and patient. He generously sent me one of his bestselling books free of charge, and offered me a free 30 min follow-up consultation on account of our meeting not filling the hour (though it did run well over half hour and was the best price I could find anywhere to begin with). Simply outstanding. You will not easily find another attorney like this anywhere.
    Steven is excellent. Helped me resolve an employment situation within a day. He was fast, punctual, honest, clear, respectful, kind, and patient with me. He answered my many questions and helped me carefully with the specifics. I felt very taken care of and confident in how I handled my work situation based off his advice which resulted in significantly more favorable terms than if I had done it on my own. I'd be more than happy to utilize his services again in the future. I appreciate the book as well, which I received right away despite being on the opposite coast - it's tremendous. I'm grateful to have been referred to him for what I needed. Thank you, Steven.
    I’m incredibly grateful for Steven’s help during a very stressful employment situation. From the start, he was kind, knowledgeable, and reassuring, and he explained everything clearly so I always felt informed and supported. Steven identified the key legal issues quickly and helped resolve my matter in less than 24 hours, which was such a relief during an otherwise overwhelming time. I truly appreciated his honesty, responsiveness, and calm, steady guidance throughout the process. I would highly recommend Steven to anyone looking for thoughtful and effective employment law counsel.
    Steven is very knowledgeable, direct and efficient. I really appreciated that he was very direct about my prospects from the first discussion and he never wasted my time. If you’re looking for a straight-shooter that will focus on resolution with efficiency I highly recommend him.
    Response from the owner:Alicia, your review is very much appreciated. Please feel free to get in contact if you have any other employment matters to resolve.

    Testimonials

    Read More

    Skip to content