Wage theft is more common and more costly than many people realize. In fact, according to the Economic Policy Institute, US workers lose up to $50 billion every year due to unpaid wages, overtime violations, and other wage-related abuses.
Temecula employment lawyer Sang (James) Park says whether you have not received fair pay or your employer has failed to provide complete and accurate payroll records to you during your employment, you have the right to seek the wages you are rightfully owed.
Although it may be possible to pursue these cases on your own, having an experienced attorney on your side can strengthen your claim and improve your chances of recovering lost wages.
So how can you protect your rights and build a strong case? Below, we break down the steps you should take.
Understanding Your Rights as an Employee
Knowing your rights as an employee comes first. You need to have a clear understanding of both federal and state labor laws that protect your income and work life.
By law, you’re entitled to be paid for all hours worked, including overtime, which typically kicks in after 40 hours per week (or, in some states, after 8 hours in a day). Your employer cannot legally withhold pay or deny overtime compensation without a valid exemption or legal justification.
A Modesto employment lawyer says in order to protect yourself, always track your hours worked and keep copies of your pay stubs and schedules. These records are important if you need to file a complaint or take legal action.
If your employer violates your rights, you can file a claim with your state’s labor board or the US Department of Labor. These agencies are there to help ensure fair treatment and compensation. Understanding your rights gives you the power to stand up to unfair practices, seek proper compensation, and protect your livelihood.
Circumstances That Allow You to Sue for Unpaid Wages
There are several situations where you may have legal grounds to sue your employer for unpaid wages. A lawsuit may be necessary if your employer fails to pay you for all hours worked, including overtime or if they violate wage agreements outlined in your employment contract.
Common causes include misclassification (such as labeling you an independent contractor when you’re legally an employee), employer negligence, or intentional withholding of wages.
Retaliation—such as demotion or termination—after you raise concerns about unpaid wages can further strengthen your case. Your right to fair compensation is protected by federal and state laws; therefore, you must know your local laws.
To prove your claim, preserve hours worked, pay stubs, and employer pay correspondence. Proving your case and recovering your debt require this evidence.
Steps to Take Before Filing a Claim
Before claiming unpaid wages, compile and record all pertinent information you can find. The data shall cover employment contracts, wage agreements, and pay stubs.
Set against unpaid overtime, documentation should show the hours worked. Maintaining any communication with your employer about unpaid wages is advantageous; therefore, keeping emails, messages, or notes of the discussion could enable you to support your claim.
Examine closely the policies your workplace employer has on wage disputes and internal processes for settling them. Discuss your circumstances with a reliable colleague or expert in employment law.
The steps you take to get ready for your claim will add more weight to your case and maybe provide you with well-articulated next actions.
Legal Options for Pursuing Your Claim
Trying to recover unpaid salary claims has several legal options. You should file a wage claim with the Department of Labor or your state’s labor agency, which often offers mediation. That may not solve the problem, so you may sue in civil court.
If someone else has filed a class action for you, you may be able to join. Consult a labor lawyer for event-specific options. An employment lawyer can explain damages and the statute of limitations for unpaid wages and overtime pay.
Remember that every option has its pros and cons. Consider your situation before making a decision.
What to Expect During the Legal Process
Once you decide what to do, learning about the legal process will help you with an unpaid wage claim. File a complaint in a court or government agency. Your company will then respond, which could start negotiation and attempt to settle the disputes.
There might be a discovery phase during which both sides share information and evidence. If a settlement negotiation falls apart, the matter could go to trial.
You need to show proof that your employer did not pay you rightfully and the judge or jury decides. If you prevail, the court will order the employer to cover any potential damages and unpaid salaries.
Work with your lawyer and be involved. This way, you can increase the chance of winning the case and receiving what your employer owes you along with compensation that may cover the cost of legal representation.
