It can be intimidating when your employer disputes your wage claim. But federal and state laws mandate that employers pay employees for all time worked, including overtime.
You can take several steps to resolve an unpaid wage claim, and you should pursue the case if you know that your employer is involved in illegal wage payment practices. Contacting an employment attorney like Rowdy Meeks Legal Group LLC can provide clarity on your case, and help you navigate the complexities of federal and state wage laws.
Immediate Steps to Take When Your Employer Disputes Your Wage Claim
If you know or believe that your employer has miscalculated your wages or engaged in other illegal wage practices, here are some steps you can take to better support your unpaid wages claim.
Review Your Employment Documents
You should collect and review any documents including emails and texts that you have regarding your pay. Most employers have communications and other documents which specify the wages including overtime pay, bonuses and other pay which you have earned. The exact information included in these documents will vary depending on the employer and whether you have an employment agreement.
In addition, employment documents can help you understand your rights and the basis of your wage claim. You should access these documents and save them to a safe location if you can before your employment ends. Many employers cut off employee access to such documents immediately upon the employment ending.
Employment Contract
Most employees do not have any employment contract. However, if you do, your employment contract should specify your base wage or salary, whether it is an hourly or salaried position, and any provisions regarding overtime pay. This will help you validate your wage claim.
Employee Handbook or Policy Manual
Company policy documents may include details about overtime eligibility, calculating overtime pay, and any specific requirements for requesting or using vacation days. This is valuable information if you have unpaid overtime or vacation days.
Gather Evidence to Support Your Claim
When confronting your employer about wage discrepancies, documents such as timesheets, emails, and documents showing your hours worked, agreed-upon wages, and unpaid overtime can be valuable to substantiate your unpaid wages.
Pay stubs are also an effective way to show wage discrepancies. They typically include your gross wages, deductions, taxes withheld, and net pay. Pay stubs may also indicate the number of hours worked, the hourly rate, and overtime hours and rates. If you have kept track of your hours, overtime, and bonus pay, you can use your pay stubs as evidence of illegal wage practices.
Try to Resolve the Situation Amicably
If you feel comfortable doing so, you can initiate a conversation with your employer and present your evidence. It’s important to be professional and keep records of all communication during this process.
File A State Wage Claim
If your employer disputes your wage claim, you can contact the Wage and Hour Division (WHD) of the Department of Labor. They enforce labor laws, including the Fair Labor Standards Act, which governs minimum wage, overtime, and other wage-related issues. Filing a claim with the WHD can be a long process and often has a lower recovery rate than using an employment attorney.
Contact an Employment Attorney Like Rowdy Meeks Legal Group LLC
When your employer disputes your wage claim, you can contact an employment attorney to review your case. The first consultation is generally free, and you can gain valuable insight into your wage claim, and the specifics of the federal and your state’s unpaid wage laws.
An employment attorney can offer legal advice tailored to your situation and may help you pursue a wage claim against a resistant employer. Sometimes the act of meeting with an attorney can help because the employer may be reluctant to go to trial. If no other solution can be reached, Rowdy Meeks Legal Group LLC will go to trial to pursue unpaid wages illegally withheld from employees.
Take Legal Action If Your Employer Disputes Your Wage Claim
You are legally entitled to compensation for your work, and you should pursue the matter if you have been a victim of illegal wage practices. Your employer must pay you according to the law, and we will vigorously pursue your rights to fair pay for your work.
If your employer disputes your wage claim, contact Rowdy Meeks Legal Group LLC for a free case evaluation.