If you are an administrative assistant, you depend on your paycheck to cover your living expenses. If you are not being paid the agreed amount as an administrative assistant, you may be able to pursue a wage theft claim against your employer.
You should gather supporting documentation and address the matter in a timely manner. You can recoup your losses by pursuing a claim against your employer for not paying you as agreed.
What To Look For
Your paycheck should include a paystub that is itemized. That itemized list will detail everything that was taken out of your paycheck.
You should review it to make sure only legally approved deductions are being made. There are several different deductions that can be made legally, but specific guidelines must be followed and there are limits as to what could be deducted from your earnings. Here are some common deductions made from paychecks:
- Taxes/Insurance – employers can deduct taxes and insurance costs from your paycheck
- Uniform/tools/equipment – these can be deducted from your paycheck so long as the deductions do not put your earnings below minimum wage
- Lodging and meals – if your work requires lodging and meals, those expenses can be advanced and then they can be deducted from your check
If you review your paystub and there are deductions that you do not recognize, you should speak with an employment law attorney.
A lawyer can review the details of your situation and determine if your employer has conducted wage theft. Wage theft takes many forms, and a lawyer will know if your employer has broken the law.
An attorney will help you gather the evidence and documentation that your claim needs to succeed.
Your paystub will also detail the hours that you worked, your hourly rate, and any overtime that you are paid. You should review those details as well to make sure that you are paid as agreed and as the law requires.
An attorney will review those details and make sure you are being paid as agreed as an administrative assistant. Maintain thorough records and documentation to show how much you are to be paid and how much you are actually being paid.
You should review the details of your paycheck regularly because there is limited time for pursuing a claim against an employer.
If you wait too long, you cannot recover your damages. A lawyer will help you get everything in order so a claim can be filed. Your lawyer will also help you determine the total losses you have suffered.
What To Do
If you have reviewed your paystub and found deductions that should not have taken place, or that do not look familiar, you should speak with your employer as soon as possible.
You should schedule a meeting with human resources (HR). You should document the response from HR. You should note what is said. If it was an honest mistake, they will fix the problem.
If they say they will make changes, be attentive to see when the changes are made. If they did not take your concerns seriously, or if they said there was not a problem when there was, you should make note of that as well.
You should gather supporting evidence, such as your employment contract, your employee handbook, any work related memos and notes, paystubs, copies of timesheets, and any other information that you may have to support your claim.
Your employer is required to pay you the agreed amount and must adhere to all employment laws.
You should talk with an attorney who is an expert in wage theft and employment law. An employment law attorney will be able to determine what deductions were made from your check, and if there were illegal deductions made from your paycheck.
A lawyer will be familiar with the state and federal employment laws and will know the best way to proceed with your claim against your employer.
You should discuss your attorney’s fees with him or her. Some lawyers charge an hourly rate and ask for a retainer to be paid in advance, but some lawyers take cases on a contingency basis.
If you are not being paid as agreed as an administrative assistant, complete the Free Case Evaluation Form on this page to share the details of your situation with a lawyer who specializes in employment law matters in your area.
Time to pursue a wage theft claim is limited, so you should address the matter promptly.
