Unpaid wages: Do I need a lawyer to help?
If you did the work, you are owed the pay. It’s that simple. So, if your boss is knowingly withholding your wages, you may have a case on your hands. The question is, do you need a lawyer to help you reclaim what you are rightfully owed? Or can you go it alone?
Let’s explore these questions in more detail.
Understanding the nature of unpaid wages
Wages are more than your regular hourly rate or salary. From a legal perspective, wages include all compensation you are owed according to your employment agreement, such as commission, bonuses, and overtime.
For example, your boss might be cheating you out of fair compensation by denying you a higher overtime rate or paying you less than the (https://www.dir.ca.gov/dlse/faq_minimumwage.htm)(as of 2022, that's $15/hour for employers with 26-plus employees and $14/hour for employers with 25 employees or less).
Unpaid wage claims are not always cut and dry. Employment agreements often include ambiguities, which can make it difficult to prove you are owed commission or bonuses, for example. In addition, larger companies are often well-versed in navigating employee disputes and likely have safeguards at the ready should an individual file a claim. In these instances, help from an experienced attorney is your best chance to reclaim the wages you are owed, along with legal penalties plus damages for your time, effort, and emotional distress.
Unfortunately, if you have worked without fair and timely pay, your story is not unique. US workers lose billions annually because on unpaid wages. Minimum wage violations alone cost employees $8 billion annually, an average of $3,300 per year for full-time workers. What’s more,
17 percent of low-wage workers experience wage theft, regardless of their demographics. That’s almost one in five employees.
If you believe your employer has underpaid you or withheld funds you are owed, the first step is raising the issue directly with them. In many cases, unpaid wages are the result of a mistake or oversight and are promptly resolved. So, reach out to your boss before you contact a lawyer. Remember to remain cordial, polite, and professional – anything you say in person or via email or text could later be used as evidence. If you speak over the phone, send a follow-up email detailing what was discussed and any agreed-upon next steps.
If your employer agrees to right their wrong, there is no need to contact a lawyer. However, if they refuse or retaliate against you, get on the phone with a lawyer as soon as possible.
If you file an unpaid wages claim, the burden of proof is on you, which means you’ll need to put together enough evidence to prove that you were illegally underpaid. Here are some examples of the evidence you and your employment attorney will collect:
Your lawyer will then prepare a strategy by applying the law to the facts of your case. They will pre-empt your employer’s defenses and mitigate risk, giving you the best possible chance of being awarded the funds you are owed. They can also help you steer clear of the common pitfalls employees fall into when filing unpaid wages claims on their own.
An experienced employment lawyer can maximize the compensation you are awarded should your claim be successful. This includes:
Your legal counsel can make or break your case, so before you decide on a lawyer, do you research. Look for attorneys that specialize in employment law, which is nuanced and ever-changing.
At Employment Law Group, we have more than three decades of experience serving employees in California. We understand the ins and outs of employment law, and we know exactly how employers try to brush off their responsibility and get away scot-free. Ensuring you are treated justly and paid fairly are our priorities, and we leverage a creative approach to anticipating your employer’s next move.
Your employer has no right taking money out of your pocket. If they haven’t paid you for the work you’ve done, they could be acting against the law. Don’t wait. Get in touch today and let’s dig into your case.
Schedule your confidential consultation today, and let’s work toward a just outcome.
EMPLOYEE LAW GROUP | JUSTICE FOR ALL
21250 Hawthorne Blvd. Suite 500, Torrance CA, 90503
500 Capitol Mall, Suite 2350, Sacramento, CA, 95814