What Do I Have to do Before Bringing a Wage and Hour Lawsuit?
If you want to sue an employer for violation of the Wage Act or other wage and hour laws, in most cases you need to first file a complaint with the Massachusetts Attorney General's Office ("AGO"). A civil court will not hear your case later unless you have done this, which is sometimes called "exhausting your administrative remedies."
The AGO could decide to independently investigate your claim, but in most cases if you check the box on the complaint form that requests a "right to sue letter," they will simply issue that letter and take no further action.
The right to sue letter does not mean the AGO has formed an opinion one way or the other about your claims- it is simply an acknowledgment that you have filed the required complaint, and permission to seek relief in court.
As long as what you are asking the AGO for is the right to sue letter, your employer will not receive notice that you filed the complaint.
If you think you have a wage and hour claim, it is a good idea to file this as soon as possible so that you are in a position to bring a civil suit once you have had the opportunity to consult with counsel.
Learn more here about requesting a "right to sue" letter.
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