How do I sue a company I work for?

5 Steps for Suing Your Employer While Still Employed in California

1. 1) Hire an Employment Attorney.
2. 2) Be Prepared to Be Terminated.
3. 3) Create Records.
4. 4) Prepare and Submit a Formal Written Complaint.
5. 5) Get Contact Information for Potential Witnesses.

How far back can you claim underpayment of wages?

six years
How Far Back Can An Employee Claim Underpayment Of Wages? An employee can only claim backpay through court proceedings for six years after the underpayment.

Is a company liable for the actions of an independent contractor?

Employers are vicariously liable for the negligent acts or omissions committed by their employees in the course and scope of their employment. By contract, as a general rule, employers are not liable for the acts of independent contractors unless the work is “inherently dangerous activity.”

Can you still work at a company you are suing?

Retaliation Is Illegal Doing so is against the law. This means that if you like your job and intend to keep it despite your reason to sue, your employer can’t base a decision to terminate you on the fact that you filed a lawsuit against them.

Can you sue for being underpaid?

Yes, you can sue for being underpaid. The difference is referred to as “back pay.” Back wages may be ordered in cases under the FLSA. If this first attempt at getting your money does not work, you can consider suing your employer in small claims court or your local court.

What is considered poor workmanship?

Poor workmanship typically arises when a contractor fails to follow industry quality standard practices, construction documents, or the installation instructions from the manufacturer. When proper protocol is not followed, this can result in unfinished or defective work, both of which are signs of poor workmanship.

When can an independent contractor be held liable?

However, there are three exceptions. First, an employer may be liable for an independent contractor’s misconduct if the employer was negligent in selecting or retaining the independent contractor. Second, an employer may be liable if the tasks assigned to an independent contractor are non-delegable.

Can you be fired if you are an independent contractor?

Companies may fire employees, but no one can “fire” an independent contractor – at least not in terms of separating a person from employment. Contractors aren’t employees, so they aren’t governed under applicable labor law.

How much does it cost to file a lawsuit against a contractor?

Contact the clerk of the court to obtain and file the necessary paperwork — most courts make the information available online. Filing costs average around $50, and you may incur additional fees for collection if your contractor loses and still doesn’t pay. You’ll need solid documentation to show you were harmed.

How long do you have to sue to enforce a contract?

However, you must sue to enforce an oral contract within one or two years. This time period begins from the date the contract – whether written or oral – was broken. This can be tricky if you didn’t have a repayment schedule with the person, because you have no specific date you can use.

How long do I have to file a claim for unpaid wages?

There are strict time limits in which charges of unpaid wages must be filed. To preserve your claim under federal law, you must file a lawsuit in court within 2 years of the violation for which you are claiming back wages, except in the case of an employer’s willful violation, in which case a 3-year statute applies.

Can I sue a contractor if I am unhappy with their work?

If you are a homeowner and are unhappy with a contractor’s work, you may be able to sue the contractor on your own. Suing a contractor can be a time consuming and stressful experience. There are many steps involved in filing a successful lawsuit, including collecting evidence and calculating damages.