As an employee, you are protected by both federal and state employment laws that apply to your specific job, company, and location. Every year, more than $1 billion in wages are stolen from the workers across the country. If you have been the victim of wage theft, you have resources available. If your employer has taken money from you, you have a limited time – usually only 180 days – to pursue a claim against them to recover compensation for your damages.
If your employer has taken your hard-earned money, it can be difficult to trust them. It can also be hard to continue working for an employer that has taken money from you. Because of the hurt, anger, and hardship you experience, you may think it is better to quit your job. However, that is not recommended. Instead, you should stick it out and pursue a claim against your employer to recoup those stolen wages and any damages that you suffered because of the wage theft.
Why You Should Not Quit
If you have been the victim of wage theft, you should not quit your job because that could make your claim more difficult. Quitting your job could hurt your case in the long run and cost you damages. Instead of quitting because you are angry and because you have lost trust, you should notify your employer and ask them to resolve the issue. Your employer should take your claim seriously. Your employer has the obligation to investigate and determine what happened and how much you are owed.
You will need to gather the evidence and supporting documentation for your claim, so you can prove that you suffered from wage theft. Quitting your job will not get you paid. When you file your complaint with your employer, you should send the letter by certified mail with a return receipt, so you have evidence that it was delivered. Be sure to keep a copy of the letter as well. It should be sent overnight by FedEx or UPS, the US Postal Service, or your company’s intranet email system. You should always print a copy of any email so you can show the date and time it was sent and delivered.
By filing a complaint, you are giving your employer the opportunity to investigate the matter and resolve it, which could correct any injustices or hostility that the wage theft has caused. If you sent the complaint by email, you should generate a “read” status if possible, so you can prove that it was received by that party and that they had the opportunity to review it.
Retaliation
If you are worried about retaliation from your employer because you filed a wage theft claim, there are laws in place to protect you and to ensure you are treated fairly. If you report wage theft, you are a whistleblower. You are protected by the Fair Labor Standards Act (FLSA). The FLSA ensures that you are treated fairly and that you are not fired for making illegal or unethical practices known to the proper parties. You cannot be punished for trying to resolve a problem.
If retaliation does occur, gather evidence so you can recoup the damages that you would be entitled for that violation. Retaliation is illegal, so if your employer fires you, demotes you, gives you an undesirable shift, cuts your hours or pay, or does something similar to punish you for calling them out on their practices, then they can face punishment for that as well. Retaliation is prohibited.
How An Employment Lawyer Can Help
If you have been the victim of wage theft, you should enlist the help of an employment law attorney. An employment lawyer will be familiar with the state and federal laws that apply to your specific case. Your attorney will determine the best way to proceed with your claim and will help you gather supporting evidence and documentation to ensure your claim is on the right track. Time is of the essence, however, because you have 180 days from the date of the wage theft to get a claim filed. If you wait too long, your claim will be dismissed.
When you go over the claims process with your attorney, also ask them about their payment. Some employment law attorneys require an upfront payment, which is called a retainer, while others take the case on a contingency basis and are not paid until you win your case. Complete the Free Case Evaluation Form on this page to share the details of your wage theft claim today.
