If you have been the victim of wage theft, you will want to pursue a claim against your employer to recover compensation for your lost earnings. Wage theft is common, and billions of dollars of wage theft take place every year.
Many workers don’t recognize wage theft right away, so it is important that you pay attention to your paychecks and hours worked, so you can make sure that you are being paid fairly.
To have a successful wage theft claim, and to prove that you were the victim of wage theft, you will need to gather supporting evidence and documentation. When you are hired, you should keep your employment contract and your employee handbook plus any other paperwork or documents that you are given as an employee.
Keep emails and memos as well. You should always make a copy of any timesheet or timecard or document the time worked so you will have a duplicate of the hours worked.
This will help you catch any wage theft early on. Wage theft can happen by employers changing timesheets or timecards, employers not paying employees for all the hours they worked, employers not properly paying employees for any overtime, or employers not paying the agreed wage.
Because of the different ways that wage theft occur you must be attentive so you can catch any signs of wage theft early on. Some examples of wage theft are your employer refusing to pay you, stealing tips, or not being paid for overtime.
Do I Need Evidence For Different Kinds Of Wage Theft?
If you have been the victim of wage theft, your paystubs can play a major role in your claim. Your paystub and time records will help prove if you were shorted any overtime wages or if your paycheck was short and you weren’t paid for all the hours worked.
If you are not paid at all because your employer didn’t pay you for the time you worked, then you will need to show proof of the time and hours you worked.
With documentation, you can prove that you didn’t get the paycheck that you were entitled to receive. However, if you don’t have all your paystubs you may still be able to pursue a claim. Your employer should have records that show how much you were paid, and their bank records could be subpoenaed to show how much was paid to you.
Speak with an employment law attorney about your claim, so you can determine the best way to proceed with a claim against your employer for wage theft.
Of course, the more evidence that you have that will support your claim, the more solid the foundation of your case. For example, if they took deductions from your check that shouldn’t have been taken, out will note that. The employer must indicate what the deductions are for and why they were withheld from your paycheck.
If you don’t have all the supporting evidence and documentation that you believe you should, talk with a lawyer. Your lawyer will be able to help you gather the supporting evidence and documentation that you need to take your claim to the next level.
An attorney will be able to determine the best way to proceed with a claim and what supporting evidence you need to show that your employer didn’t properly pay you. Documentation and evidence are essential to the success of a wage theft case against an employer.
If there are suspicious deductions from your check, you should ask your employer about them. Also, be sure to document what is said during the confrontation or meeting. You will want to make sure that you have covered all your bases and proceeded properly with your claim.
Speak With An Employment Law Attorney
If you are the victim of wage theft, you should speak with an employment law attorney who handles wage theft claims in your area. Some of these attorneys will take cases on a contingency basis. That means that if the lawyer works on a contingency basis you will not have to pay the attorney until you win your claim.
Always ask about the fees and the process.
To make sure your claim is filed in a timely manner, complete the Free Case Evaluation Form on this page. An attorney who handles wage theft cases in your area will review the details of your claim and determine the best way for you to proceed.
Remember, time is of the essence so don’t wait any longer to take action against your employer.
