How would you feel if you work so hard for an employer who decides not to pay you in the end? Money is a vital motivator in the desire to work, and many companies lure employees in by promising overtime and bonuses. However, if your employer fails to pay you, the law gives you the right to sue them. Suing your employer is a big decision, according to David Sanford. Sanford is a founding partner at Sanford Heisler Sharp, LLP. and has dealt with many gender discrimination cases as well as unpaid wages. If your employer has not paid your salary and refuses to do so still, here’s what you need to do.
Building the Case
In most states, salaries include remuneration for work (wage or hour), vacation payments, sales commissions, overtime, personal time, travel expenses and vehicle expenses. If you are a business owner or take on contracts independently, the money you make is not considered salary.
If the money that your employer owes you corresponds to the category of unpaid wages, you should start gathering the evidence. This may include payment receipts, out-of-pocket checks, attendance sheets, communications (emails, referenda, and letters), unpaid overtime records, breaks, vacations and personal time off, receipts for a vehicle per diem expenses, and your work agreement.
You might want to think about contacting other employees who have not received the payments correctly, and about the possibility of a group demand or some kind of action. Do this, especially if your company requires you to work out of hours or breaks and doesn’t provide any compensation in return.
Ask your employer for your wages not paid in writing. Examples of letters to demand unpaid wages are available online. Do a search under “sample demand letter for unpaid wages”. Ask someone you trust to read and edit spelling, grammar and content errors. Deliver the letter to your employer. Keep a copy with the date as proof.
If your employer still does not pay you, hire a lawyer. Or, look in the telephone directory for lawyers or ask about lawyers who specialize in the area of employment and employment. Lawyers like David Sanford have helped many clients get justice and the compensation they are owed.
Consult with your lawyer. Your lawyer may ask your employer for your money without going to court. Keep copies of all written communications between you, your lawyer and your employer. David Sanford is an experienced attorney that you can contact if you want to sue for unpaid salaries and wages.
Sue for unpaid wages
If your employer is still adamant and refuses to pay the money he owes to you, you will have to go to court. Generally, you can sue your employer before the local, county or state justice of the peace, or district courts and for small claims, in your area of residence.
In most states, the judge will require that your employer pays the attorney’s fees and pay extra money as a penalty if you win. In some states, if you lose, you may be responsible for paying your employer’s legal fees. That’s why you need to have all the important evidence with you.