Question: I want to file a Civil Action Lawsuit against my former employer for unpaid wages. I'm owed $1323.00. Can I do this on my own or do I need an attorney?
You are not required to have an attorney, but retaining an attorney is always recommended.
(1) If you proceed in filing a civil suit against your employer be sure to review the Arizona Revised Statutes concerning payment of wages beginning at ARS § 23-350; or
(2) If the wages "owed" do not exceed $2,500.00, you may want to look into filing a "wage claim" with the Industrial Commission of Arizona, Department of Labor (note: the wage claim must be filed before the expiration of one year of the "accrual of the claim." See, ARS § 23-356). Upon receipt of a claim, the Department will notify the employer of the claim and investigate the case. After investigation of the claim, the Department will provide a written determination which can only be appealed to superior court. (See, FAQ section on the AZ Dept. of Labor's web page).
June 03, 2008