Dealing with Non-Payment of Wages: Steps to Follow

Employees should be paid fairly and promptly for their work. However, there are instances when employers fail to honor their contractual obligations. When an employee doesn't get paid, there are several steps they should take to address the issue effectively.

Step 1: Contact Your Employer in Writing

The first step should be to contact your employer, preferably in writing. Ask for written confirmation about the wages that are owed to you. This can be an email or a formal letter. Employers are legally required to provide wages, and a written request serves as a formal notice of your intention to claim your rightful earnings.

Step 2: Consider Filing a Claim with Labor Agency

If your employer refuses to provide payment, it is advisable to file a claim with your state's labor agency. Most states have a specific department or agency named differently but similar to 'Department of Labor.' This step is crucial as it initiates an official investigation into the matter, which can be beneficial even if the claim is not ultimately successful.

Step 3: File a Suit in Court

If the issue persists despite your efforts, you might consider filing a suit in small claims court or superior court. Small claims courts are designed to deal with disputes up to a certain monetary value, typically $5,000 to $10,000, depending on the state. Superior courts handle more significant sums. Both courts can be effective in resolving non-payment issues, and winning a case can result in not only compensation but also reimbursement of legal fees if you win.

Step 4: Verify Management and Documentation

Before taking any action, it is essential to check with Human Resources (HR) or the unemployment office. Ensure that you have a clear record of the times and dates when you were not paid. This includes documentation such as timesheets, records of work performed, and any previous communication about wages.

Step 5: Check Human Resources and Unemployment Office

When an employee is not paid, one should verify with the HR department or the unemployment office. The HR manager or payroll officer can provide information on payroll policies and help locate any misplaced or missing checks. Unemployment insurance claims may also be relevant in some situations. Having proof is crucial, as it supports your claim and can be used as evidence in case the matter escalates to legal proceedings.

Step 6: Ensure Your Rights as an Employee Are Protected

Contemporary labor laws in the United States, both federal and state, emphasizes the importance of paying employees for work performed. This includes the Fair Labor Standards Act (FLSA), which governs minimum wage, overtime pay, and other employment practices.

Step 7: Follow Up and Escalate Legal Action

Should your employer not reprint or otherwise resolve the issue, inform the employer in writing that you will be filing a claim with the United States Department of Labor and your state’s labor department.

Depending on the employer's response, you may want to consult with a labor law specialist. A lawyer can provide legal advice and represent you in any claims or legal actions, which can be warranted if the case is strong.

However, it is generally recommended to first discuss the issue with your employer, giving them an opportunity to rectify the situation before seeking further action.