JFC tech workers sometimes. Just unionize man

Basically, people don't want to do the lawsuit, because they don't know how and to pay for the expertise, it would cost more than the paycheck.

The most straightforward way to fix it, is to make the expertise low or zero cost.

An "AI assistant" that was effective would be telling you the same thing.

No, it would tell me how to conduct the lawsuit.

Below is what ChatGPT-4 just told me. Had I known back then, I would have just done this. (And I note that the lawyer who told me it would cost me more than I would get back didn't tell me a lot of this!)

User

I have been shorted $4000 on my last paycheck when I was let go by a software company in Columbia, South Carolina. What is the jurisprudence on being shorted pay, what do I have to prove, and how do I go about bringing the lawsuit.

ChatGPT

In a situation where you've been shorted on your final paycheck, the specific steps you can take and the jurisprudence around it largely depend on both federal and state laws. Here's a general overview of what you need to know and potential steps you could take, specifically tailored to Columbia, South Carolina:

Jurisprudence on Being Shorted Pay

Fair Labor Standards Act (FLSA): At the federal level, the FLSA requires that employees are paid for all hours worked. If an employer fails to pay you what you're owed, you may have a claim under the FLSA.

State Laws: South Carolina has its own labor laws that complement federal laws. While South Carolina does not have specific laws governing the timing of final paychecks for terminated employees, employers are generally expected to adhere to the agreed-upon terms of pay. If no specific terms are set, then they must follow the usual pay schedule.

What You Have to Prove

To bring a successful claim for unpaid wages, you typically need to prove:

The Amount Owed: Documentation or evidence of the agreed-upon wages and the shortfall in your final paycheck.
Hours Worked: Evidence of the hours you worked for which you have not been paid. This could include time sheets, emails, or other records.
Attempts to Resolve: It's often beneficial to show that you've made reasonable attempts to resolve the issue with your employer before resorting to legal action.
Steps to Take
Review Employment Agreement: Check your employment contract or any official documentation regarding pay rates, schedules, and termination policies.

Gather Documentation: Compile all relevant documents, including pay stubs, employment contracts, correspondence with the employer about your pay, and any records of hours worked.

Attempt to Resolve Directly: It's often recommended to attempt to resolve the issue with your employer directly. Sometimes, pay discrepancies are due to clerical errors and can be corrected without legal action.

File a Wage Claim: If direct resolution isn't possible, you can file a wage claim with the South Carolina Department of Labor, Licensing and Regulation (SCLLR). While SCLLR does not handle wage disputes directly, they can guide you on the process and what state resources might be available.

Consult with an Attorney: Consider consulting with an employment law attorney who is familiar with South Carolina's laws. An attorney can advise you on the best course of action, whether it's negotiating a settlement or filing a lawsuit. They can also help you understand your rights and the strengths of your case.

Small Claims Court: For amounts under a certain threshold (which varies by state), you might be able to bring a claim in small claims court without the need for an attorney. In South Carolina, the limit for small claims court is $7,500.

Federal Claim: If your case involves violations of federal law (such as FLSA violations), you might also have the option to file a complaint with the U.S. Department of Labor's Wage and Hour Division.

Each case is unique, so it's important to get personalized legal advice. An attorney can help you navigate the specific procedures and ensure your rights are protected throughout the process.