Small Claims Court: Recovering Unpaid Wages for Construction Workers in California
If you’re a construction worker in California and haven’t been paid for your work, you’re not alone. Sadly, wage theft is a common issue in the construction industry. Employers may delay or refuse wages, especially for day laborers or subcontractors. But the good news is that California law gives you the right to take your employer to Small Claims Court to recover your unpaid wages.
What Is Small Claims Court?
Small Claims Court is a part of the California court system designed to resolve minor legal disputes quickly and without the need for a lawyer. This court is ideal for recovering money owed to you, like unpaid wages. In California, you can sue for up to $12,500 in Small Claims Court if you’re an individual. If you’re a business entity such as a sole proprietorship, LLC, or corporation, your limit is $6,250.
When Should You Use Small Claims Court?
If your employer owes you wages and refuses to pay, and the amount is within the legal limits, Small Claims Court may be your best option. Many construction workers choose this route because it’s faster and cheaper than hiring an attorney and going through a lengthy lawsuit. This court is especially useful when:
- You have clear evidence of the unpaid wages, such as timecards, text messages, or emails.
- Your previous attempts to collect payment (like making calls or sending letters) have failed.
- The total amount owed is below the limits of Small Claims Court.
The Process of Filing a Claim
To begin, gather your evidence. This may include pay stubs, contracts, job site photos, or any written agreements with your employer. Then, go to your local Small Claims Court and file a claim. You’ll need to fill out a form called “Plaintiff’s Claim and Order to Go to Small Claims Court” (Form SC-100). There’s a filing fee, which depends on the amount of your claim, but it ranges from $30 to $75.
After you file the claim, your employer must be “served” — meaning they must receive a copy of the lawsuit papers. You can’t do this yourself, but you can hire a process server or use the Sheriff’s Department. Once served, a court date is scheduled. During the hearing, both parties present their case, and the judge makes a decision.
What If You Win?
If the judge rules in your favor, your employer is legally required to pay the amount ordered. If they don’t pay, you can take further steps to collect, such as wage garnishment or property liens. Keep in mind, even winning in Small Claims Court may require follow-up efforts to get your money.
Need Help with Your Small Claims Wage Dispute?
Filing a Small Claims case sounds easy, but it can still be stressful, especially when you’re trying to collect unpaid wages your family counts on. If you’re unsure of where to start, or if your employer is making things difficult, don’t go through it alone.
Call Jonny Law at 800-566-4868 for guidance and support. Jonny Law understands California labor laws and is passionate about helping construction workers get the wages they’ve earned.
Remember, standing up for your rights helps protect you and other workers from exploitation. Don’t give up — take action today.