How to sue your employer in small claims court.
If your employer owes you wages, a final paycheck, severance, or stolen tips, small claims is the right court. You don't need an attorney. Filing fees are usually under $100, and many wage laws let you ask for 2x or 3x on top as a penalty (called 'liquidated damages').
What can you sue your employer for?
Pick the one that fits your situation. Each guide covers what you can recover, what evidence to bring, and how to file in your state.
How small claims handles employer disputes.
Small claims is built for everyday money disputes. Most state caps fall between $5,000 and $20,000. Hearings take 10 to 15 minutes. You do not need a lawyer to use it. Some claims (like federal discrimination) belong in higher courts instead.
Belongs in small claims
Doesn’t belong here
What can you recover?
The math judges use. A typical wage case stacks four layers on top of the wages you are directly owed.
Unpaid wages, last paycheck, accrued PTO, owed bonus, stolen tips. The dollar amount you can prove was owed.
Most state and federal wage laws double or triple the unpaid amount when the employer knew they were breaking the law and did it anyway. Called 'liquidated damages.'
Most state wage laws make the losing employer pay the winning employee's attorney fees. That pressure alone often gets the employer to settle before court.
4 to 10 percent per year, pre- and post-judgment, depending on the state.
What evidence do you need to sue your employer?
Employment cases are won on paperwork. Anything you can't show in writing, you're asking the judge to just take your word for — and they usually won't. Your employer (with an HR team and a payroll vendor) has more documentation than you do. Your job is to close that gap before you walk into court.
Offer letter and contract
Your signed offer, plus any amendments. Severance, bonus structure, and termination clauses all live here.
Every paystub and W-2
Your hourly rate, regular hours, overtime, and PTO accrual. The wage math starts here.
All HR communications
Termination email or letter, write-ups, performance reviews, and any text or message about why you were let go.
Time records
Punch records, schedule screenshots, or your own log kept at the time. Critical for unpaid-overtime cases.
Employee handbook
Step-by-step discipline procedures (warnings before firing), severance schedules, and PTO payout rules. If your employer broke its own policy, that's a contract claim.
Witness contact info
Coworkers who heard the comments, saw the conditions, or know what really happened. A short signed statement from them helps.
State-specific rules.
Wage and termination rules vary state by state. Final-paycheck deadlines, waiting-time penalties, PTO payout, and tip rules are different in every state. Pick yours for the exact statute and form numbers.
See all 50 state guides →Common questions.
The questions workers actually ask before filing. Don’t see yours? Email support.
Can you sue your employer in small claims court?
Yes, when the dispute is mostly about money you are owed (wages, severance, accrued PTO, last paycheck, stolen tips, contract breach) and the amount is within your state’s cap (usually $5,000 to $20,000). Federal discrimination claims usually need an EEOC charge first and damages often outgrow small claims.
How long do you have to sue an employer?
Depends on the legal theory. Wage claims usually run 2 to 4 years (3 years for federal FLSA, longer for willful violations). Breach of contract is typically 3 to 6 years. Federal discrimination claims need an EEOC charge within 180 days (300 days in most states). Public-policy retaliation usually 2 to 3 years.
Do you need a lawyer to sue an employer?
No, not for small claims. In most states attorneys are permitted but not required. In a few states (California, for example) lawyers are not even allowed at the initial small-claims hearing. The format is built for self-represented litigants.
What if your employer ignores your demand letter?
That is the signal to file in small claims. The demand letter creates the paper trail you point to at the hearing, and most judges expect to see one. Read your state’s small-claims guide for the specific filing fee, forms, and service rules.
Can you sue your employer while you still work there?
Legally, yes. Practically, be careful. Most states have anti-retaliation laws that protect you from being fired or demoted because you sued — but proving the employer retaliated is hard in practice. Many workers wait until they have a new job lined up.
What can you recover from an employer in small claims?
At minimum, your out-of-pocket losses: unpaid wages, last paycheck, severance, stolen tips, unused PTO. Many state wage laws also let you ask for a 2x or 3x penalty on top, plus 'waiting time' penalties for late final paychecks, plus their attorney fees — even though you don't need a lawyer to use small claims yourself.
This is general legal information, not legal advice. CivilCase is not a law firm. Employment law varies by state, county, and contract. Verify deadlines and statute citations against your state’s official source before filing. Read our disclaimer.