It is possible to sue your previous or old employer for unpaid wages if you can show that you were not paid the wages that you were owed.
However, before going straight to filing a lawsuit, you may want to try to resolve your problem through other ways first, like trying to contact your former employer yourself to see if they will pay you.
How Do I Know If I Have a Good Case?
Federal law and state laws require employers to pay their employees the correct hourly pay rate as well as allow for overtime compensation for the correct hours worked.
If you feel like you are owed back wages, there is a chance you can recover unpaid wages.
There are several key points to consider when thinking about whether you have a strong case.
These key points include the amount of wages owed, the reason for the nonpayment, and the laws and regulations that may apply to your situation.
You should also think about the cost and time involved in pursuing a lawsuit, as well as the chances of success.
If you believe that you have a strong wage claim, you may want to seek legal advice from an employment lawyer who is experienced in handling employment law cases.
An employment lawyer can review the facts of your case and talk to you about the best course of action.
Five Things to Do if You Think You Have a Wage Claim
Breathe. Everything will be ok.
Seek an Explanation
Talk to your boss or human resources, or whomever notified you of the decision or pay policy and ask them for an explanation in writing.
Start Collecting Evidence
The issue most people have the most trouble with is presenting enough evidence to the court. The easiest ways to preserve evidence are:
- Journal – Use this to write more detailed notes about what is happening on particular days. These cases can be long, think 9-12 months, you won’t be able to remember everything without writing it down.
- Calendars
- Keep a daily record of what is happening
- Texts/Emails
- Try to always communicate with the opposing party in writing. Texts or emails are the best way. Make sure to keep the original texts and emails, not just screenshots.
Collect Records
If you haven’t already, start collecting records that might come up in court.
- Start a list of other employees as witnesses and speak to an attorney. You’ll always need witnesses that can testify in court to back up your side of the story. It’s best to start talking to people as early as possible to make sure you can count on them in court.
- Ask them to write down what they can remember about the situation. Do this as soon as you possibly can so that the details don’t get lost with time.
Make a Complaint to the Government
- Usually, you must go to the Equal Employment Opportunity Commission within 180 days of the action for certain issues at work. The EEOC covers claims under Title VII about race, gender, sex, age, orientation, disability status, etc.
- Outside of the EEOC, the FMLA covers leave and Arkansas common labor laws covers other wrongful terminations. The Fair Labor Standards Act (FLSA) and Arkansas Minimum Wage Act cover wage issues.
- It is best to talk to a lawyer first before going to the government, but better to go to the government in time than not at all. You may lose all your rights if you wait too long.
Terry’s Case
A while back one of our clients, we’ll call him Terry (because we can’t share his real name), reached out to our law firm for help. He was in a very unfortunate situation with work.
Terry had always been a reliable worker. He showed up early, stayed late when needed, and never hesitated to help his coworkers. So when his paycheck came up short for the third month in a row, he was more than frustrated—he was confused and unsure of what to do. His boss had given vague excuses, and human resources brushed him off, promising to “look into it.” But weeks went by, and nothing changed. Terry was starting to worry. How was he going to pay his rent if this kept happening?
One afternoon his friend Sarah recommended that he call one of our employment lawyers here at Punchwork Law. Our team had recently help her get a fair settlement in a similar situation.
Terry set up a free consultation with us. Our team listened carefully to his story, reviewed his situation, and reassured him that he wasn’t alone in this. We helped Terry understand that he had a valid wage claim under the Fair Labor Standards Act (FLSA) and outlined a clear plan of action.
We put together a plan to help Terry get what he was owed. Terry then took the time to preserve all the important emails, texts, and records he needed, and even talked to some of his coworkers who were willing to testify on his behalf. Over the course of the next few months, our labor law team fought hard for Terry, ensuring his employer was held accountable for the missing wages.
In the end, Terry not only received the back pay he was owed, but he also got additional damages under the law.
When he got his settlement, Terry couldn’t help but think about how lost he had felt at the beginning of it all. Now, he is the one recommending Punchwork Law to anyone who needed help with their workplace issues, just like Sarah had done for him.
Does the FLSA Cover Federal Minimum Wage and Overtime Pay?
In an FLSA case, an employee who successfully proves that their employer violated the FLSA may be entitled to recover damages for overtime pay or minimum wage violations.
Damages may include unpaid minimum wages or overtime hours pay, as well as an equal amount in liquidated damages (which are punitive damages equal to the amount of unpaid wages).
In addition to a wage claim and liquidated damages, an employee who brings a successful FLSA case may also be able to recover attorneys’ fees and costs incurred in pursuing the case.
How Long do I Have to File an FLSA Case?
The statute of limitations for filing a complaint for an FLSA case is generally two years, although in some cases it may be three years.
The statute of limitations is the time period within which a wage claim lawsuit must be filed.
Under the FLSA, a cause of action for unpaid overtime or minimum wages accrues each time an employee is paid, so the two-year (or three-year) period begins to run from the date of the last paycheck.
This means that if you wish to bring a lawsuit alleging that you were not paid the minimum wage or overtime pay that you were owed, you must do so within two (or three) years from the date of your last paycheck.
It is important to note that the FLSA’s statute of limitations may be extended in some circumstances, such as if the employer has engaged in a pattern or practice of violating the FLSA or if the employee has been the victim of a willful violation of the FLSA.
In such cases, the statute of limitations may be extended to three years.
Summary
If you believe you have a valid wage claim, there are several steps you should follow to strengthen your case. First, seek an explanation from your employer about the nonpayment and keep a written record of their response. Then, start gathering evidence by keeping detailed records, including notes, emails, and texts, as these will be crucial in presenting your case. Additionally, you should begin identifying potential witnesses who can support your claims.
If the issue is not resolved, consider filing a complaint with government agencies like the Equal Employment Opportunity Commission (EEOC) or the Department of Labor, depending on the nature of your claim. Laws such as the Fair Labor Standards Act (FLSA) and the Arkansas Minimum Wage Act protect employees from wage violations. It’s important to seek legal advice from an employment lawyer to ensure you understand your rights and to navigate the complexities of your case.
The FLSA has a statute of limitations of two years (sometimes three) for filing claims for unpaid wages or overtime. Damages in these cases may include unpaid wages, liquidated damages, and attorneys’ fees. To avoid missing important deadlines, you should consult with an attorney as soon as possible.
Frequently Asked Questions (FAQ):
What should I do if I believe I have a wage claim?
Start by seeking an explanation from your employer in writing. If the issue persists, gather evidence such as emails, texts, and daily records. Identify witnesses who can support your claims and speak to a lawyer for guidance.
How long do I have to file a wage claim under the FLSA?
The statute of limitations is generally two years, but in cases of willful violations, it can be extended to three years. The clock starts from the date of your last paycheck.
What kind of damages can I recover in an FLSA case?
You may recover unpaid wages or overtime, an equal amount in liquidated damages (which are punitive), and attorneys’ fees.
Should I talk to a lawyer before filing a government complaint?
Yes, it’s advisable to speak to an employment lawyer before filing a complaint. However, it’s crucial to file with the appropriate government agency within the required time frame to avoid losing your rights.
What government agencies handle wage claims?
Wage claims can be filed with the EEOC for discrimination-related issues or the Department of Labor for wage violations under laws like the FLSA. Arkansas workers may also file under the Arkansas Minimum Wage Act for local wage issues.
What types of evidence should I collect for my wage claim?
Keep detailed notes in a journal, maintain communication records (texts and emails), and collect work-related records. Start talking to potential witnesses early to ensure their testimony can support your case.
