Albuquerque, NM asked in Employment Law for New Mexico

Q: My employers check bounced, 2 years after she said she would resend i haven’t been paid. Can I file a lawsuit?

We had a verbal agreement that I would clean her house and she would pay me, in which she wrote me a check. The bank later sent me a letter in which the check had bounced. I contacted promptly, again almost 1 month after, and once more months afteR. Every time she said she would resend it but I never received payment.

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1 Lawyer Answer
Alex Sliheet
Alex Sliheet

A: Sure you can file a lawsuit assuming the statute of limitations has not run.

But the type of lawsuit you would file depends on whether you actually are an employee or an independent contractor. What you and the lady subjectively decided does not determine the issue.

If your deemed to be an employee, you have the Cal. Labor Code which protects your wages and adds waiting time penalties for having to wait to get paid. [they are capped] As well as the ability to file for failure to pay wages with the Cal. Labor Commissoner.

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