Unpacking the unpaid wages claim process

Your boss hasn’t paid the wages you rightfully earned. You are stressed, losing sleep, and ready to take legal action. The burden of proof is on you, which means it’s your responsibility to show evidence supporting the facts of your case. If you don’t have the right documentation, it can be difficult to achieve your desired outcome.

Let’s take a closer look at the unpaid wages  claim process and the evidence you and your attorney need to reclaim the cash you are legally entitled to.

Getting started

Wage claims are handled by the Labor Commissioner's Office, which reviews the evidence and decides whether wages are owed. Generally, a settlement conference is scheduled between the employee or ex-employee and employer. However, if the issue is not resolved at the conference, the case will escalate to a hearing, during which a hearing officer will make a final decision.

It’s important to have a good understanding of the unpaid wages claim process before you get started, as it’s more involved than submitting a request and waiting for your employer to pay you. You must prove that you are owed wages, and that means producing evidence and applying the law to the facts of your case in a compelling way. We’ll take a closer look at the type of evidence you should gather before filing a claim below.

Because the process of claiming unpaid wages can become quite involved and, in some instances, heated, it helps to have qualified counsel on your side. An experienced employment lawyer can build an airtight strategy that gives you the best possible chance of securing a positive outcome.

And finally, you must file your unpaid wages claim sooner rather than later. The window you have to file a claim depends on the nature of your case:

• If your employer sent you a check that bounced, file your claim within one year.
• If your employer failed to pay you minimum wage or your case relates to meal breaks, overtime, rest breaks, sick leave, reimbursements, or deductions, file your claim within three years.
• If your employer verbally promised to pay you more than the minimum wage, file your claim within two years. If you were promised via a written contract, file your claim within four years.

Collect information and evidence supporting your unpaid wages claim

Your attorney and the Labor Commissioner’s Office need basic information about you, your employer, and any other responsible parties (such as a supervisor or manager) to assist with your claim. You’ll also need to supply the following documentation:

Time records of all the hours you worked

Tracking your work hours is a good habit and can make or break your unpaid wages claim. It’s as easy as writing down the time you start and end your workday, as well as the times you take meal and rest breaks.

You should record hours worked even if you are paid by contract or piece rate because you are still entitled to at least the minimum hourly wage for every hour worked. By tracking your hours, you can compare the total number of hours you worked on a project with the rate you were paid.

When submitting your claim with the Labor Commissioner’s Office, you’ll need to provide a copy of your time and date records.

Paychecks and pay stubs

By law, your employer is required to provide you with a pay stub or wage statement. The wage statement must include your name, your employer’s name, wages earned, the pay period, deductions (including taxes), and accrued hours of paid leave.

Hold onto these statements. If your employer emails your pay stubs or wage statements to your work email address, forward them to your personal email address or save them to your computer. You may lose access to your company email account in the future.

Employment information

If you have one, a copy of your notice of employment can help with your case. Typically, this document includes your rate of pay, overtime pay rate, and how and when you will be paid. It should also outline whether you will be paid per hour, day, week, through commission, salary, or by some other arrangement.

Any bounced paychecks

If you were paid, but your check bounced, it’s a good idea to keep a record of this and hold onto any documentation from the bank. Your paycheck might bounce because your employer doesn’t actually own the account or has insufficient funds.

Supporting evidence for special circumstances

Unpaid wage cases come in many shapes and forms, and depending on your specific circumstances and the kind of work you do, you may need to supply supporting evidence and information. Let your attorney know if you are claiming any of the following:

• Irregular hours
• Unpaid commission
• Business expenses that were not reimbursed
• Unpaid vacation

Filing an unpaid wages claim

Once you have collected your supporting information, you are ready to take the next step. You have two choices. You can start the process yourself and file your claim online  or by email, mail, or in person. Or you can enlist the help of an attorney. The latter puts you in a better position to be awarded the wages you are owed – particularly if your records aren’t complete.

Wage claim cases are unique, and applying the law to the quirks of your case can be challenging. With years of hands-on experience, our team has in-depth knowledge of employment law. We are equipped to leverage every opportunity to not only ensure you are awarded damages but also to maximize the amount payable by your employer.

Secure the wages you worked for

As an employee, you have the right to be paid for your work. If your employer has failed to honor that right, get in contact. With our team in your corner, you can file an unpaid wages claim that maximizes your chance of success.

Phone Employee Law Group today to schedule your confidential consultation.