Delaware's Wage Payment & Collection Act - Attorney’s Fees
An employer in Delaware refused to pay his employee wages in the amount of $624.16. The employee hired a Delaware attorney and sued the employer under a statute known as “Delaware’s Wage Payment & Collection Act.” After a trial, the Court ordered the employer to pay the following amounts:
(1) unpaid wages of $624.16
(2) liquidated damages of $624.16
(3) court costs of $584.50
(4) interest
AND, the kicker, (5) attorney’s fees of $6,100.00!
That’s right, in a case where the employee was owed only $624.16, the employer had to pay the employee’s attorney $6,100.00! The Court explained that the attorney’s fees should not be reduced just because there was a difference between the judgment and the request for attorney’s fees. According to the Court, “without reasonable attorney’s fees, employees would not be able to find lawyers to try cases where the amounts are relatively small.” By refusing to pay the wages that were owed, the employer took the risk that the employee will sue under Delaware’s Wage Payment & Collection Act, and one of the risks is that the employer will have to pay the fees charged by the employee’s attorney.
