Nonpayment of Wages Attorney

It violates the law to not pay employees their lawfully earned wages.  In fact some states (Texas) have made the nonpayment of wages a criminal act under some certain conditions.

Steps to Take If Your Employer Hasn’t Paid You

Nonpayment of wages is illegal, but it still occurs these days. Some employers may try to get away with not paying workers their full wages to save a buck. This is unjust and you don’t have to stand for it. If your employer hasn’t paid you what you’re owed, take the following steps.

• Inform Your Employer About the Wages You’re Owed: The first thing you should do is let your employer know that you’re owed wages. Sometimes employers make honest mistakes and don’t pay workers their full wages. The only way you can find out is to inform your employer exactly what you’re owed. It’s preferable that you do this in writing.

• File a Claim with the Department of Labor: If your employer still won’t pay you what you’re owed after you bring up the issue, you don’t have to give up. Your next step is to file a claim with your state’s Department of Labor. Take your time when filling out the forms to avoid making errors.

• Consult an Employment Lawyer: If your state’s Department of Labor has rejected your claim, you should speak to an employer lawyer next. This is especially important if the wages you are owed are significant. A lawyer can review your case and determine if you have a good chance of recovering your wages through a lawsuit.

How to Prepare for Meeting with an Employment Lawyer

If you have decided to talk to an employment lawyer about your unpaid wages, it is important to properly prepare for your initial consultation. The better you prepare, the more you’ll get out of the consultation.

Be ready to answer several questions about your case. For example, a lawyer may want to know approximately how much money your employer owes you and how long this has been going on. Answer each question truthfully and with as many details as possible. If you have any evidence that pertains to your case, such as payroll records or witness testimony, you should bring it with you.

Don’t hesitate to prepare questions of your own for the consultation. Asking the right questions can help determine if a lawyer is the right fit or not. For instance, you may want to ask how many unpaid wages cases a lawyer has handled in the past and what his or her fee structure is.

If your employer owes you unpaid wages, talk to an attorney at Davie & Valdez, P.C. today.

How To File A Complaint For Unpaid Wages

Nonpayment of wages can be frustrating and stressful. As workers, we have a right to fair compensation for the time and effort we put in. Whether it’s unpaid overtime, missing final paychecks, or a lack of proper minimum wage, wage theft can take many forms. It’s important to understand that state and federal labor laws protect us from this kind of mistreatment, and there are clear steps we can take if our paycheck doesn’t match the hours we worked.

Document Everything Before You Act

Before moving forward, it’s important to gather all necessary records related to the nonpayment of wages. Timesheets, pay stubs, schedules, and written communication with supervisors or payroll staff can all support your claim. Keeping detailed documentation helps provide a strong foundation if the issue cannot be resolved directly with the employer and needs to go further.

Try To Resolve The Issue Internally First

In some cases, the nonpayment of wages may be the result of a simple error or miscommunication. That’s why we often recommend addressing the matter with your employer or HR department first. Clearly and respectfully communicate the issue in writing, along with any supporting documentation. Give your employer a reasonable window to respond and correct the mistake. If they ignore the issue or refuse to pay what you’re owed, then it’s time to move forward with a formal complaint.

Filing A Complaint With The Labor Department

If attempts to fix the issue internally don’t lead to a resolution, we can file a complaint with the appropriate government agency. For most wage disputes, this means submitting a claim to the U.S. Department of Labor’s Wage and Hour Division or your state’s labor agency. The complaint process typically involves submitting a form with details about your employer, job duties, hours worked, and unpaid wages. Once submitted, the agency may begin an investigation into the claim. This can result in your employer being required to pay back wages and possibly face penalties.

Be Aware Of Deadlines And Legal Options

It’s important to act quickly. Wage claims are subject to statutes of limitations, which vary depending on state law and the type of violation. If we wait too long, we may lose the opportunity to recover the pay we’re owed. In some cases, legal action may be necessary, especially if other workers are experiencing the same issue. We may also be entitled to additional damages beyond the unpaid wages.

Why Legal Guidance Can Help Protect Your Rights

While it’s possible to file a wage complaint without representation, the process can feel overwhelming if we’re dealing with lost income and uncooperative employers. Having a team that understands employment law can make a real difference in how your claim is handled. At Davie & Valdez P.C., we’ve helped workers recover lost pay and stand up for their rights under the law. If you’ve been shorted on your wages or haven’t received your final paycheck, don’t wait. Reach out to our board-certified team today to discuss your next steps. With over fifty years of combined legal experience, we’re ready to help you take action and pursue the pay you’ve rightfully earned.