If your former or current employer didn’t pay you some unpaid wages, there are many things you can do to collect them. If you have not been paid for your working hours, or in case your manager paid you much less than your minimum overtime rate or wage, you can file a suit and demand for all those wages. Start by discussing with your employer and also sending a request or demand letter, then move forward to file your complaint with the Department of Labor or taking the case to legal court.
1. Writing Your Demand Letter
Figure Out Exactly Where to Send the Letter
Your demand letter lets the employer know that if they don’t respond, you’ll take legal action. While addressing the letter, send out it to the particular person or department responsible for paying the wages. For instance, in case your manager isn’t responsible for paying workers, then address the letter to a person in the administration.
In the letter, introduce yourself by name and your placement at the organization. If you no longer work for this particular company, mention the particular date upon which you stopped doing the job.
Talk About Money You’re Owed
Let the employer know about how much money you’re claiming which is still due to you. Talk about the particular types of wages you’re supposed to be paid, whether or not they are minimum wage infractions, overtime, or even just the amount of money stated in the employment agreement.
Set Your Final Target Time
Let the employer realize that if they don’t respond by a particular deadline, you’ll take legal action to claim your funds you’re supposed to be paid. For instance, “If I don’t get a reply by Saturday, March 25, 20119, I’ll take legal action to carry on with my claim.”
Wait for Reply
If the employer doesn’t reply by the due date you mentioned in your letter, consider contacting to ensure that they got your demand letter. When you are satisfied that the employer is not going to interact personally, you are all set to take legal action.
2. Filing Your Complaint with The Federal Government
File Your Complaint with The Department of Labor
The DOL (Department of labor) has the power to look into companies and recover outstanding salaries on behalf of workers. Submitting your complaint costs nothing and private, and you may file even if you’re an undocumented employee. To submit your complaint with the Department of labor, you can dial 1-866-487-9243. You can also contact the local Department of Labor office. If you can’t find a local office, you can visit the Department of labor map at this page.
File Your Complaint with The State’s Labor Office
It’s also possible to submit your complaint with the state’s labor office in case your employer breached the state’s wage regulations. To find the state’s labor office, make use of the contact list made by the Department of labor, at this page.
The particular process for submitting your complaint differs from region to region. On the other hand, numerous state organizations have pre-printed “fill in the blank” salary claim forms to complete. In case those forms aren’t available on the agency’s site, make contact with the agency at the contact number on the DOL’s contact list.
Wait for The Investigation to Carry On
The federal or state agency may investigate the claim. Usually, the investigation starts while the agency mails a copy of your wage claim to the company and requests their response.
In many states, the investigator can make a basic choice about your claim. This particular choice will end up final except in cases where the losing out on party appeals within the deadline. The state of Texas, for instance, the party has a 3-week period to object.
Take Part in A Settlement Dialogue
It’s also possible to be invited by the organization to talk about negotiating with your company. In Los Angeles, for instance, you’d get a notice from the commissioner with the time and date of a negotiation conference. In the meeting, you will certainly get the chance to talk about the claim and then try to resolve the issue with the employer.
Be Present at Your Hearing
If the particular agency decides that the claim has value, but the employer won’t negotiate, the organization will plan a hearing. Both parties will provide proof to a presiding officer or judge, who will ask questions to elucidate the problems.
Wait for A Final Decision
The admin legislation judges who hears your case will certainly make a final decision, which will be sent to you. If you lose the case, you may have the legal right to submit your appeal. The notice that contains the judge’s final decision should include directions regarding how to appeal the final decision. In case you have questions regarding your appeals process, make contact with the organization that examined the claim.
3. Submitting A Civil Case
Confirm That You Can Submit Your Civil Suit
Several states allow workers to choose between registering a civil suit in the court or submitting a complaint to the state’s labor department. Some other states demand that you submit your wage complaint with a state organization and then ask for a “right to sue” letter. In order to find out regardless of whether you need a legal right to take legal action against the letter, get in touch with the state’s labor organization at the contact number mentioned at this page.
Talk with A Legal Professional
An Unpaid Wage Attorney will advise you about the value of the case and will handle your case in the courtroom. You can also find an Employment Attorney online for getting more information regarding using the services of a competent attorney.
Some legal professionals offer consultation services either for free of charge or for the lowest fee. Contact ahead to ask about the office’s assessment plan.
Remember that the employer can be ordered to pay the lawyer’s fees in case you win.
Write Your Complaint
A case starts when you, the complainant, submit a complaint against the company, the accused. In your complaint, you clarify the important points of the problem and ask for relief from a legal court. Numerous legal courts give pre-printed complaint forms.
You may even have to complete your summons form and some other court-specific paperwork. Ask a legal court clerk exactly what additional forms you have to include with the complaint.
In case your court doesn’t have pre-printed forms request a legal court clerk for information about how to write your complaint, or seek advice from a legal professional. Various states make use of different formats.
Submit the Documents
Don’t forget to make several copies of the forms and provide original to the court clerk. The clerk will help you in submitting the case and stamping the duplicates as “filed.” Additionally, you will be asked to pay a submission fee, that differs from region to region. If you fail to pay the filing fee, you can ask the clerk for details regarding how to submit your request for a payment waiver.
Submit an Evidence of Your Service
The court must have pre-printed “Proof of Service” or even “Affidavit of Service” documents. The individual who served the accused should complete and sign the form, making certain the company that he/she served the accused. Give your completed form to the clerk for submission.
Look Forward to A Reply
The employer has a due date to submit a response to the complaint, usually 19 or 25 days. In the response, the employer will deny or admit your accusations and would assert authorized justifications or defenses for not paying you. As soon as the offender files a response, a legal court will certainly plan a trial or hearing.
The employer has the benefit of a choice of simply paying you to reconcile the case. In case you have compensated the funds that you’re supposed to be paid, you’ll be able to ask a legal court clerk the way to dismiss the court action, that will require submitting additional documents.
In case your employer doesn’t answer your complaint, ask the clerk exactly what forms you have to submit to be able to question a default judgment.
Collection on The Judgment
In case you win, the judge will certainly issue a verdict to your benefit proclaiming that the accused owes you money. With any luck, the accused will willingly adhere to the order, however receiving full payment for your compensation could be challenging.
While receiving full payment for your compensation owed by your company, you may ask a legal court to approve the tax levy of or placement of a loan upon the company’s bank account. It’s also possible to get an endorsement for the police to seize funds from the record or various other important property from the office space that can certainly be offered in order to satisfy the financial debt.