All employees are entitled to compensation for all the hours they work. This includes all regular hours and all overtime you work. It can be tricky figuring out how much the employer owes for unpaid wages including overtime. There are many factors to consider when making an unpaid wage claim. It is important you know the factors involved and have as much documentation as possible before you proceed with a claim.
Before Starting a Claim
You should to determine a few things before you start making a claim for unpaid wages.
Is your employer stable?
You should start by evaluating whether the employer is financially stable. This is especially true given the economic situation of many businesses due to the pandemic. If the employer is in trouble financially, the employer may claim bankruptcy before any employees can make a claimIt is very difficult to recover unpaid wages from a bankrupt employer.
Will it Cost More Than What Your Claim Is Worth?
You should contact an employment lawyer to determine how much you unpaid wages claim is worth. Often, you can combine your claim with the claims of other employees which can make the employer takes the claims more seriously.
Make Viable Claims
You obviously want to assert your strongest unpaid wages claims. Your employment attorney can help you identify your strongest claims.
You are owed for all the hours you worked at the wage you were promised and were working at during the time in question. Your employment lawyer will want to review your most recent paychecks and offer letter to determine what wages your employer owes you.
Your employer must pay you for all overtime you work. Again, it will help your claim if you keep a record of all overtime hours you work. Your paychecks and time records will help your employment attorney determine how much your employer owes you for unpaid wages.
Your employer may try taking deductions from your pay for things the employer claims you owe. Employers generally cannot deduct items you’re your pay unless you sign a written agreement, or for standard deductions such as taxes and insurance.
This is a problem with many companies where the employer deducts money for any number of things that may or may not even have anything to do with you. Your paychecks often show these deductions which your employment lawyer will review.
Severance Packages and Other Pay
The employer may offer you a severance package when you leave a job. You should carefully review and consider any severance package an employer offers you.
The employer will require you to waive all wage and other employment claims you have against the employer to accept the severance package. Thus, employers often offer severance packages worth far less than the wages the employer owes the employee in the hope that the employee will take the package and not pursue the unpaid wages. This is why you should discuss all severance package offers with an employment attorney to determine what is best for you.
Get Expert Advice
Don’t leave it to chance and don’t trust your employer to offer you the best advice. Employers will always look out for themselves. You must know this at all times when you deal with your employer.
Contact Rowdy Meeks Legal Group LLC to make sure you are getting the best advice and legal representation regarding your unpaid wage claim. We have the experience, resources, and track record to help you get the pay you earn. We are in the business of winning.