If you did not receive the money you should have been given for the work you did, the unpaid wage claim might be your only option. This is a complex process that can be completed with the use of a private action or through an agency of the state. In both cases, you need the help of a Wilkesbarre workers compensation attorney to guide you through the process.
The Fair Labor Standards Act allows you to place a claim if you are not paid the mandatory minimum wage. In a similar fashion, if you are not paid for how long you worked, you were forced to do work without it counting on the clock, or some unauthorized paycheck deductions appeared, you can file the claim.
Through state laws, you might still have a basis for several other wage claims. As an example, in some US states, the employer needs to offer lunches or paid breaks. When this time is not offered, you can file an unpaid wage claim with the state.
What is important to understand is that there are several different types of claims you can file. The best thing to do to realize what is best for you is to hire a workers’ compensation attorney that can help you out.
The Internal Process
In many states, it is a prerequisite that the employee tries to resolve this problem by talking to the payroll department or by discussing it with management. When the attempt is not successful, an employee will be allowed to pursue a private action or a claim with the state agency.
State Agency Claims
In some states, there are special commissions and labor boards that handle the claims. The process you have to go through to file the state claim is started by filling a form. In it, you highlight your circumstances. This includes information about work history, the employer, and the employee.
As an employee, evidence has to be submitted. For instance, you can submit time records, notices of communication, dishonored checks, or check stubs.
Instead of the state agency claim, you can also use the private cause action. This involves talking to an attorney that understands employment law and is capable of advising you of the advantages and disadvantages of the private actions. For instance, a very common advantage is that the case is resolved faster. You might also receive a higher award at the end.
In some states, you can file your claim in a small claims court to get your unpaid wages. The only rule, in this case, is that the jurisdictional limit should not be exceeded. This is usually around $5,000.
What is very important to understand is that it is your right to receive unpaid wages and the employer is not allowed to keep them from you. Filing a lawsuit is so often your only option available. However, you should never go through this process alone. When you do this, there is a very good possibility you will be taken advantage of you by the parties involved in the process.