Unpaid wage claims can come up in many different ways. Understandably, as per the general rule, your employer has to pay you for the work that you perform. You might have a wage claim if your employer fails to pay you what they rightfully owe you. If you think that your employer owes you wages, the best way to go about it is to speak to an employer first. The unpaid wage lawyer is in the best position to determine the value of your case and provide you with the best legal advice about how to proceed with the matter.
Read on to learn more.
What Are Unpaid Wages?
Firstly, you must be absolutely clear about what encompasses the term “unpaid wages.” An unpaid wage refers to a payment that your employer has failed to give you for doing a certain job. Most employers act according to the law when it comes to paying their employees wages due to federal and state laws.
However, the case of unpaid wages can potentially arise when your employer withholds a payment that is lawfully yours. Since unpaid wages can take many forms, it is important for you to understand whether or not you have a case at hand.
What Are Some Examples of Unpaid Wages?
One of the best ways to understand whether or not you have an unpaid wages claim against your employer is by going through a few examples that illustrate unpaid wages. On that note, one of the most common cases includes the scenario where an employer owes their employee their last paycheck after termination of their employment.
Another example of unpaid wages might be when your employer fails to meet your state’s minimum wage requirement or the state’s overtime wage requirements – in case you have worked overtime but haven’t gotten paid for it.
You may have a case of unpaid wages when your employer has intentionally shortened your work hours, so they have to pay you fewer wages than your rightful wages according to the hours that you have actually worked. On the other hand, an administrative error can result in lost wages or unpaid wages as well.
Lastly, you can have an unpaid wages case at hand if your employer isn’t honoring your right to paid leave or paid holidays, as well as other linked benefits.
Now that you know the various examples that give you solid grounds for filing a lawsuit against your employer for unpaid wages, you know when you have a case and what you can demand from your employer based on the situation that you are in. Once you have assessed the situation, you can now send a formal demand letter to your employee.
The Importance of A Demand Letter
When you prepare a demand letter for your employer, you will be able to think through every aspect of your case, including legal arguments, important facts, and the much-needed evidence that backs up your claim. The thing about a demand letter is that it will prove effective in preparing you for litigation even before you actually file a lawsuit against your employer.
What is the Demand Letter About?
An unpaid wages demand letter essentially notifies your employer about your final attempt to collect your unpaid past wages. The demand letter is typically used by an employee to demand their last paycheck after ending their employment with the employer.
Nonetheless, the demand letter can have several other uses, too, as it contains crucial information about your unpaid wages.
Why to Send An Unpaid Wages Demand Letter
Now, before we get into every aspect of why you send a formal unpaid wage demand letter to your employee, it is in your best interest to speak to a lawyer first. Make sure to talk to an attorney from your respective state. For instance, contact the Unpaid Wages Lawyer California if you reside in California and have a case of unpaid wages at hand. With the help of your lawyer, you can then take your time to draft a demand letter.
Your lawyer might take a few days to a week to draft the demand letter to your employee. It is important to mention here that the timeline of the demand letter depends on the nature of your case, your attorney’s workload, and the workload of the law firm.
Use Strong Legal Language
Now, if you want to ensure that the unpaid wages demand letter serves its purpose, you must use strong legal language. The underlying reason for doing this is that it is necessary to motivate your employer to issue your unpaid wages. The demand letter will serve as a way to communicate the need for payment and as a final notice for your employer, too.
A final notice means that if the employer doesn’t pay you the unpaid wage, they will be facing legal action.
What Will the Demand Letter Include?
The demand letter that you will be sending to the employer will include the full amount that the employer owes you. Also, include a due date or the deadline for the employer so that they have the knowledge of what is expected from them regarding the payment of the full amount.
The demand letter records the demand for your payment in case any legal disputes arise.
Essentially, what you will be doing through the demand letter is to legally notify your employer that withholding wages is against the law, and they can expect to face legal consequences. As mentioned before, it is important to work closely with a lawyer and verify the labor laws in your state, as federal regulations might not cover any unpaid wages.
Notify Your Employer
To ensure that the unpaid wages demand letter reaches your employer, you can send it by using certified mail. However, it is important to mention here that the demand letter for unpaid wages is exclusively meant to serve as your final attempt to collect the payment. On that note, we recommend reaching out to the employer first so that you can bring the matter to their attention.