You may have many questions if you are considering filing a lawsuit over unpaid wages. It can be difficult when you are trying to recover the wages you are owed.
You will likely need to file a lawsuit to recover your unpaid wages. Employers typically do not pay these wages without a lawsuit. An employment lawyer will help you get what you have earned.
FAQs on Filing a Lawsuit Over Unpaid Wages
Filing a lawsuit to recover unpaid wages might seem like an extreme move, but your employer is likely counting on you not to file a lawsuit which is why the employer is not paying you and other employees. They know people will often just give up rather than fight for their earned wages.
Can I Sue?
Yes. Not only can you, but you should. When employers get in the habit of stealing wages, they will keep doing it. All too often, people are scared to make employers pay the wages they have earned so they are out the money they deserve.
How Much Can I Get?
That depends, but often quite a bit. If your case involves not being paid the minimum wage, unpaid overtime, bonuses, commissions, holiday pay, or any other payments agreed upon, your employment lawyer may be able to recover those unpaid wages, and potentially more including penalties.
You can also recover damages, plus interest, and your court costs and lawyer’s fees.
Can I Sue With My Co-Workers?
Yes, if the employer’s wage policy or procedure impacts you and other employees. Chances are if your employer was stealing from you, they have been stealing from other employees as well. In fact, there may be previous lawsuits or claims against the employer for other unpaid wage violations which will help your case.
Class and collective action lawsuits brought on by groups of employees seeking the same results are very common and often successful. If there are several people at your workplace who are considering a lawsuit over unpaid wages, you should tell this to your employment attorney so he or she can decide whether it makes sense to team up with others when you file a lawsuit.
How Long Do I Have?
Normally, you have about two years to file an unpaid wages claim. It can vary from state to state, and some states extend this time period. It is generally more beneficial for your case to start the process as soon as you can.
What Do I Need?
No paperwork or records are required to file an unpaid wages lawsuit. The more evidence you have, however, the better it is for your case. Your lawyer will ask you for:
- Pay stubs
- Employment emails
- Employer policies and procedures including any handbook
These records will help to show the court that you did work these hours, either overtime or for less wages than the employer was legally required to pay you.
How Much Will It Cost Me?
To start, almost every first-time consultation is free. Employment lawyers who represent employees in unpaid wages cases most often work on a contingency basis. This means the attorney will take a percentage of any settlement or judgment against the employer as the fee. Thus, you will not pay any money out of pocket to file a case. In other words, the case is free for you to file.
Lawsuits Over Unpaid Wages
We will use our knowledge gained from being inside of several Fortune 500 companies to give you an advantage in pursuing your pay claim. You benefit from our inside experience and we will use this experience to aggressively fight for your claim.