The Process Of Getting Your Employer To Pay Unpaid Wages

Posted on: 9 June 2021

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Employers will unfortunately try to avoid paying employees what they're owed. They might hope you don't notice and they may be looking to save some money. They might refuse to pay your last paycheck after you quit your job. However, if you are owed money, you have every right to fight for any lost wages.

Begin by Calculating How Much You Should Have Been Paid

Keep all your paystubs and consider the number of hours you have worked since your last paycheck. If your employment contract is relevant, you will want to use that as well. Calculate your hourly wages, and take into account any taxes that would be withheld. Then, you'll be able to decide whether it is worthwhile to sue over unpaid wages. 

The Easiest Way To Get Paid

After you have calculated how much you are owed, you can send a demand letter. In some cases, your employer might simply choose to pay you. The demand letter will tell your employer how much you think you are owed and that you will bring a suit if you are not paid. Make sure to keep a copy of your demand letter in case you have to take your employer to court.

If you are not sure how you should write your demand letter, make sure to contact labor litigation services. The letter should get to the point and should not threaten your employer with anything other than legal action.

How To Sue

The U.S. Department of Labor's Wage and Hour Division (WHD) handles cases where an employer fails to pay. The agency will determine if your claim is sufficient enough to warrant an investigation and will order your employer to pay if they determine that you are owed money.

However, you will not want to rely only on the WHD. You may still be entitled to compensation for unpaid wages if you file a lawsuit outside of this agency. You will have a two-year statute of limitations. Therefore, you'll want to contact labor litigation services for help on how you should proceed with your case.

How To Handle Employer Retaliation

You have nothing to lose from filing a complaint because your employer is not allowed to punish you for filing a complaint or suing over lost wages. If you believe that you are being retaliated against, you should get in contact with labor litigation services, such as Harris Shelton Hanover Walsh PLLC.