After getting hired and getting ensured by your employer that the workplace is safe for you, the primary responsibility of your employer is to pay you on time. However, if they fail to do so, they will deny you payment.
Ideally, your employer should pay you for the time that you have worked for, as they are supposed to do so by law. However, if, for some reason, the employer refuses to pay you the money they offered you, you should know that this is something you can effectively handle with the help of a lawyer.
What Are Unpaid Wages
An unpaid wage is a payment that the employer has failed to give to an employee for performing a certain job. Most employers act according to law when it comes to paying their employees wages due to federal and real estate protections.
However, the issue of unpaid wages might arise when an employer withholds a payment. Since unpaid wages can take many forms, it is incredibly important to understand the different examples of unpaid wages.
What is The Typical Scenario
The typical scenario might include that you are owed wages after leaving a job – or – your employer might sabotage your ability to find another job – you can take certain actions as you are entitled to get your wages under federal law.
Ideally, the first thing you should do is to settle the matter with your lawyer directly. You should try to give your employer a chance to remedy the situation before taking any legal action.
The Employer Makes You Wait
It can also happen that your employer pays for your wages one week but then refuses to pay your wages the next week, and you still come to your job as you fear the potential retribution that might be taken against you if you leave your employment.
Another scenario to keep in mind is that the employer eventually paid you, but they made you wait. They might have made you wait to get your final paycheck. They might have made you wait for a month, a week, or a month.
This aspect is also known as the waiting time penalty, which accrues to a total of thirty days, including the weekends.
Talk To Your Employer First
When it comes to your best options, if you find yourself in a scenario where you aren’t paid your wages, you might want to speak to your employer first and try to sort out the matter before getting involved with the law.
Bring up the matter of the unpaid wages that you didn’t receive after you were supposed to get paid. It is also advised to try a negotiation instead of getting aggressive. Getting your employer to agree without needing to take legal action is an ideal scenario.
However, if talking to your employer doesn’t result in a mutual agreement and you still haven’t been paid the wages, it is time to consider other options.
What To Do About Next?
You have two ways to go: you can either file a case in superior court. You might as well opt to file wage claim and sue your employer for unpaid wages. The lawyer will do their best to protect you from wage violations.
The main benefits of filing a wage claim with the labor commissioner are as follows:
- No cost to file
- You get to represent yourself
Now, this doesn’t mean that you shouldn’t talk to an attorney, as going to court might be the best option for you. On that note, if you decide to pursue this claim, your employer might hire their own attorney to win the case.
Just like you, your employer can go to a labor commissioner without an attorney.
Contact Your State’s Department of Labor
In most states, if your employer owes you wages, you might want to contact your state’s Department of Labor. Yes, you read this right. If it is not a huge amount that we are talking about, you might want to contact your state’s Department of Labor.
Why, you might ask? Because they are free. The reason why these are free is because you pay them already with all the taxes you pay. Of course, we all pay so many taxes. The least they can do is actually do something for you – for once.
Generally speaking, your Department of Labor will help you collect unpaid wages – in most states. Now, the problem is that they sometimes take forever to do it. They can be incredibly slow.
An unpaid wage letter is designed to notify the employer of uncollected past wages. This letter is commonly issued by the employee when demanding their last paycheck after ending employment. But this letter can help with several different usages.
The Importance of Sending An Unpaid Wages Demand Letter
If you are dealing with unpaid wages, you should consider sending a well-written letter with strong legal language as a necessity to motivate your employer to send the unpaid wages. The letter acts as a way to communicate the need for payment and also acts as a final notice to your employer to pay the wage or face legal action.
In the letter that you can write with the help of an attorney, you must document the full amount that your employer owes you. Also, include the due date for the employer to pay the full amount. The letter can also notify the employer that withholding wages is against the law and that there are consequences for it.
Before sending a demand letter, make sure to verify the labor laws in your state, as your state’s federal labor regulations may not cover unpaid wages.
Examples That Require Unpaid Wages Demand Letter
One common example of unpaid wages is when an employer owes their employee their last paycheck after termination. An employer might fail to meet their state’s minimum wage or overtime pay requirements.
An employer might as well shorten hours so they have to pay fewer wages than the employee actually worked. However, it could also be due to an administrative error that resulted in unpaid wages. An employer who is not honoring paid leave or paid time off benefits can also cause unpaid wages.
Keep an eye for more latest news & updates on S SENSE!
