Legal Question in Credit and Debt Law in Massachusetts

Who to sue (Small Claims)

I was employed by UMass Boston in a psychology lab for about a month in the beginning of the year. I haven't been paid for that work and I want file a small claim. I'm confused about who the defendant is. Is it the whole university, the specific person I was employed under, the department of psychology? Thank you.


Asked on 6/12/07, 12:33 pm

4 Answers from Attorneys

Joseph Murray Joseph M. Murray, Esq.

Re: Who to sue (Small Claims)

You would sue whomever was the other party to contract your employment contract. But first, you might consider making a claim/complaint to the Massachusetts Dept. of Labor wage and hour division and/or the Attorney General's Office. Good Luck!

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Answered on 6/13/07, 7:18 am
Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Re: Who to sue (Small Claims)

If you were paid at all, who were the previous paychecks from? That should be your primary target, but to be safe, you might add all of those you mentioned, and let them come forward with reasons why they should not be defendants.

Given that a public entity is involved, however, the suit might be more complicated. Have you tried finding out why you haven't been paid, and sending a demand letter explaining the issue and demanding payment for services rendered? This may resolve it without the need to resort to small claims court, which could prove tricky.

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Answered on 6/12/07, 1:17 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: Who to sue (Small Claims)

You probably need to file a complaint with the Commonwealth, and it may seek to force your employer to pay.

You may be able to also file a breach of contract action in small claims. You are probably going to have to sue the University. I would also suggest that you call the head of UMass and ask them to investigate this.

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Answered on 6/12/07, 1:26 pm
JOHN TATOIAN LAW OFFICE OF JOHN A. TATOIAN ESQ.*Licensed Only in Massachusetts

Re: Who to sue (Small Claims)

Generally speaking, you would bring your action against the person or entity who breached their obligation to pay you for the services you rendered. As a caveat, usually an employee of an entity is not liable for the contractual obligations of his/her employer. Feel free to consult with my office for a free consult regarding the specific facts of your situation.

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Answered on 6/12/07, 2:15 pm


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