Q: Can I still file suit against my employer past the statues of limitations if wage theft resulted in me being homeless
In 2019 My previous employer failed to pay wages earned for three months which resulted in homelessness for 2 years?
A:
Unfortunately, there is no homelessness exception to the statute of limitations.
If you wanted to bring a legal claim for failure to pay wages, you had three years from the date the wages were due to file a small claims or DLSE administrative wage claim. If you filed in superior court and included a claim for unfair business practice for the failure to pay wages, you could go back four years from the date of the filing of the complaint.
Even if you could sue for the failure to pay wages, you would not have the ability to sue for the homelessness you suffered.
Good luck to you.
A: You have 4 years to file a claim in Court for unpaid wages under the unfair business practices act. In addition, there was 180 days of tolling of statutes of limitations in 2020 due to the Pandemic.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
In general, the statute of limitations is a legal time limit within which a person must file a lawsuit against another party. If the statute of limitations has expired, it may be difficult or impossible to file a lawsuit, as the legal claim may be considered time-barred.
However, there are some situations where the statute of limitations may be extended or "tolled," such as in cases where the plaintiff was unable to file a lawsuit due to being homeless or otherwise unable to pursue legal action. Additionally, some states have specific laws related to wage theft that may provide additional protections or remedies for employees who have been victimized.
To determine whether you can still file a lawsuit against your employer, it is important to consult with an experienced employment law attorney who can review the specific facts and circumstances of your case and advise you on your legal options. The attorney can help you assess the strength of your case, determine whether any exceptions to the statute of limitations apply, and assist you in filing a lawsuit if appropriate.
Overall, while the statute of limitations is an important legal consideration, there may be exceptions or other legal avenues available in cases of wage theft or other employment law violations. Consulting with an experienced attorney can help you understand your rights and options and work towards achieving a favorable outcome.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
