“I’m nervous to sue my employer for unpaid wages.”

At Rowdy Meek Legal Group LLC, we often hear from employees who are concerned by the task of suing for unpaid wages. It can be nerve-wracking going up against your employer, especially when you don’t know the consequences.

However, an experienced employment attorney can assess the strength of your case, explain the legal process, and guide you in your next steps as you pursue your pay claim.

What Does The Law Say About Unpaid Wages?

Understanding your rights based on state and federal law is essential as you sue your employer for unpaid wages.

Under the Fair Labor Standards Act (“FLSA”) and state wage laws , you have certain rights when it comes to unpaid wages.

• You are entitled to the federal minimum wage of $7.25 or the applicable state minimum wage so long as it is higher than the federal minimum. 
• If you are a non-exempt employee, you are entitled to overtime pay at a rate of one and a half times your regular rate of pay for hours worked over 40 in a workweek.
• Your employer is required to keep accurate records of your work hours, including overtime. Your employer may owe you unpaid wages for off-the-clock work if they haven’t.

What Does The Process Look Like If I Sue My Employer For Unpaid Wages?

Suing your employer for unpaid wages can be daunting. But if you have the necessary knowledge and support, the process is much easier.

Once you have sued your employer to recover unpaid wages, there will be an investigation. Part of the investigation process will examine your duties, schedule, and pay. It will also consider any company policies that could impact your pay. The officer performing the investigation will gather evidence from both you and your employer to assess the case properly.

Next, there may be a pre-suit demand letter. This letter explores the claim settlement before you officially file a lawsuit. If you pursue legal action, your attorney will file a lawsuit in court.

There is a discovery process once you have filed a lawsuit in court. Many employers prefer to avoid the time and expense of litigation, so the discovery process often results in a settlement between employees and employers.

What Are The Possible Outcomes If I Sue My Employer For Unpaid Wages?

In a negotiated settlement, both parties agree to a resolution outside of court, typically involving payment of unpaid wages and possibly additional compensation or terms.

If you don’t reach a settlement, the case proceeds to trial. If you win, the court may issue a judgment in your favor, requiring your employer to pay the unpaid wages, potentially with interest and additional damages. The judgment becomes legally enforceable, and your employer must comply with the court’s order. If your employer fails to comply with a court judgment to pay the unpaid wages, you may need further legal action to enforce the judgment.

Some employees are nervous to sue for unpaid wages for fear of retaliation. Employment laws protect employees from retaliation for asserting their rights. By law, employers can’t discriminate against employees for exercising their legal rights.

Trust Rowdy Meeks Legal Group LLC With Your Unpaid Wage Claim

Suing your employer can be intimidating, but an attorney can provide guidance on your legal rights, help you evaluate your case, and represent your interests throughout the legal process.

So, if you’ve ever thought, “I want to sue my employer for unpaid wages,” but you don’t know where to start, contact Rowdy Meeks Legal Group LLC for a free case evaluation.