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  1. #1
    Join Date
    Jan 2017
    Posts
    3

    Default Can You Sue Your Employer for Causing Your Eviction if You're Underpaid

    My question involves labor and employment law for the state of: Arizona

    I work for a company as a commissioned salesman in Arizona. They have not paid me minimum wage for the weeks where I made less than minimum wage (which is a law in this state), even though I'm an in-home salesman that they do not reimburse for vehicle /gas fees. This is causing me to have to move out of my apartment because I can't pay my rent, among other hardships. I know that I can file a complaint with the I.C.A., but by the time I get paid from that, it would hardly be enough to recover from everything that I am losing. I know that suing them wouldn't be any quicker, but if I have a case, I would assume that I stand to increase the amount of money I can recover. Do I have a case? It seems like a no brainer to me, but I just want to check and make sure.

  2. #2
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Employer's Non-Payment of Wages Owed is Causing Me to Lose My Apartment, Can I Su

    Employment is a contractual arrangement. If you are not paid what the employer agreed to pay you, that is a breach of contract for which you may sue. If you win, you are entitled to the compensation that you can prove you earned but that the employer did not pay.

    If you are an employee and not an indepedent contractor and if you can prove the employer’s failure to pay you was in bad faith, you are entitled under Arizona law to seek three times the amount of the unpaid wages. So if you can prove bad faith and you are owed, for example, $2,000 in unpaid wages, you could get a $6,000 judgment against the employer. And if you prove the bad faith, the court may also award you reasonable attorney‘s fees, too, if you use a lawyer for the case. You will want to contact your employer in writing (an e-mail may do), make a request for payment of what is owed to you, and ask for a reason why the company has not paid yet. The response you get may go a long way to helping prove bad faith. An Arizona employment law attorney might have other good suggestions for you too.

    What you cannot get compensated for is whatever costs you end having to pay to move, penalties for paying your bills late, or other financial problems caused by not getting paid on time.

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Employer's Non-Payment of Wages Owed is Causing Me to Lose My Apartment, Can I Su

    They have not paid me minimum wage for the weeks where I made less than minimum wage (which is a law in this state)

    Assuming you are an employee and not an IC, it's the law in every state. Since it's a Federal law.

  4. #4
    Join Date
    Jan 2017
    Posts
    3

    Default Re: Employer's Non-Payment of Wages Owed is Causing Me to Lose My Apartment, Can I Su

    Yes, I am an employee. What exactly constitutes "bad faith" if you don't mind me asking. Sorry, I'm being lazy, I will look it up. So, is it unrealistic of me to think I could collect more for the hardships that it has caused me?

    Would I be better off just going through the I.C.A.? That way, they will do the leg work without charging me...

  5. #5
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Employer's Non-Payment of Wages Owed is Causing Me to Lose My Apartment, Can I Su

    Quote Quoting James Barr
    View Post
    Yes, I am an employee. What exactly constitutes "bad faith" if you don't mind me asking.
    In this context it means that the employer does not have a a good reason for not paying you. That is why it can help to try to pin down the employer’s story for why you have not been paid.

    Quote Quoting James Barr
    View Post
    Would I be better off just going through the I.C.A.? That way, they will do the leg work without charging me...
    You might be better off with that. I can’t tell you for sure one way or the other. In the end, you might need to try both.

  6. #6
    Join Date
    Jan 2017
    Posts
    3

    Default Re: Employer's Non-Payment of Wages Owed is Causing Me to Lose My Apartment, Can I Su

    So, what about something like this?

    Hello,
    I don’t know if you were aware of this, but according to the The Fair Wages and Healthy Families Act, you are required to pay commissioned salespeople no less than the minimum wage rate for pay periods where their commissions total is less than that amount. An employer who fails to pay minimum wage or earned paid sick time will be required to pay the employee the wages owed with interest and an additional amount equal to twice the underpaid wages.

    And then I list my figures etc...

    By the way, thank you so much for all of your help, I feel much more confident about the matter. It's not easy calling out the company you work for, especially when it is the 9th biggest retail chain in the world.

  7. #7
    Join Date
    Oct 2016
    Posts
    4,301

    Default Re: Employer's Non-Payment of Wages Owed is Causing Me to Lose My Apartment, Can I Su

    Sounds good but I would attach a copy of that section of the law to the note.

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