Why do you want to avoid a lawsuit? Simply having a lawyer approach the employer with one might be enough for them to give you what they owe. And if not, they m

Why do you want to avoid a lawsuit? Simply having a lawyer approach the employer with one might be enough for them to give you what they owe. And if not, they might have to cover the cost of the lawsuit too (though similar to what OP noted, this could depend on where you live, the suit filed, etc)