E
essias
Guest
What is the name of your state?What is the name of your state?What is the name of your state?
Arizona
Under Arizona law, employers are required to pay fired employees all wages owed to them within 3 working days. Failure to do so is a petty offense. Also the employee is entitled to 3 times the amount owed.
On 9/19/04 I was fired from my job. The next regular payday was 9/23/04 where I did receive my paycheck for wages owed until the end of the last pay period, 9/17/04. I called my former employer wanting to know if I could get the wages that are owed to me; I spoke with a salaried member of management who told me that my last paycheck deposited included all wages that were owed to me. I asked if she was sure, she said yes.
After that, I got the most recent paystub which showed me that I was only paid for hours until the 17th. I then called again, and spoke with a different salaried manager. I asked him if I had another check there for the wages that were due to me. He asked "for what?" I told him for the hours I worked on the 18th and 19th. He told me that I would not be receiving anything until the next payday. That's just how we do things here.
I have since filed suit in small claims against Wal-Mart Stores for about $2000. This includes my accrued sick time--considered wages in AZ--, and hourly wage for 18, and 19th: all times 3. Also, since the pay that I did receive was not within 3 working days as stated in AZ law, I added the amount paid times 3, minus amount paid.
AZ laws are very clearly defined in this situation. ARS 23-353 and ARS 23-355. This is the first lawsuit I have ever been involved in, however, and I can see how easy it would be to forget to prove my claims to a judge.
My question is what exactly do I need to prove? What can I expect Walmart to do? Will they transfer it out of small claims? What defenses will Walmart claim in court? Should I subpoena the managers I talked with on the phone? Is this situation something that comes up very often? What usually happens?
I know Walmart tends to fight every lawsuit to the bitter bloody end, but they did break the law and should be held accountable. They're the largest private employer in the world; if anyone should be punished for violation of labor laws to the fullest extent, it is them.
Please, any help is greatly appreciated.
Essias
Arizona
Under Arizona law, employers are required to pay fired employees all wages owed to them within 3 working days. Failure to do so is a petty offense. Also the employee is entitled to 3 times the amount owed.
On 9/19/04 I was fired from my job. The next regular payday was 9/23/04 where I did receive my paycheck for wages owed until the end of the last pay period, 9/17/04. I called my former employer wanting to know if I could get the wages that are owed to me; I spoke with a salaried member of management who told me that my last paycheck deposited included all wages that were owed to me. I asked if she was sure, she said yes.
After that, I got the most recent paystub which showed me that I was only paid for hours until the 17th. I then called again, and spoke with a different salaried manager. I asked him if I had another check there for the wages that were due to me. He asked "for what?" I told him for the hours I worked on the 18th and 19th. He told me that I would not be receiving anything until the next payday. That's just how we do things here.
I have since filed suit in small claims against Wal-Mart Stores for about $2000. This includes my accrued sick time--considered wages in AZ--, and hourly wage for 18, and 19th: all times 3. Also, since the pay that I did receive was not within 3 working days as stated in AZ law, I added the amount paid times 3, minus amount paid.
AZ laws are very clearly defined in this situation. ARS 23-353 and ARS 23-355. This is the first lawsuit I have ever been involved in, however, and I can see how easy it would be to forget to prove my claims to a judge.
My question is what exactly do I need to prove? What can I expect Walmart to do? Will they transfer it out of small claims? What defenses will Walmart claim in court? Should I subpoena the managers I talked with on the phone? Is this situation something that comes up very often? What usually happens?
I know Walmart tends to fight every lawsuit to the bitter bloody end, but they did break the law and should be held accountable. They're the largest private employer in the world; if anyone should be punished for violation of labor laws to the fullest extent, it is them.
Please, any help is greatly appreciated.
Essias
