If you have been the victim of wage theft from your employer, you will need to get your claim underway. You can recoup compensation for your damages.
You do have limited time to pursue a claim against your employer, and if you do not file your claim within that timeframe, you cannot recoup your damages. You will get the process underway by sending a demand letter to your employer.
Evidence Needed With Your Wage Theft Demand Letter
If you are sending a wage theft demand letter, you will need to submit evidence and supporting documentation with your letter.
You must convince your employer that you suffered wage theft, and you must show them how much you are owed in wages and or benefits.
Some of the documentation that you need is your employee handbook, your employment contract or agreement, your paystubs, your timecards or time sheets, witness statements, and any other documentation.
You will need to add up your losses, so you can show your employer how much you are owed. Sometimes wage theft is obvious, but at other times, it can be more subtle, and you may not realize that it occurred.
You should be very attentive and make sure your paycheck is correct each pay period. The wage theft could be failure to pay you for all the hours that you worked, making you work through breaks, working before or after scheduled shifts and not being paid for it, not being paid overtime you are entitled to receive, or being misclassified so your employer can avoid providing benefits or not pay you for overtime.
You should provide copies of your evidence and documentation and be sure to keep your original documents for future reference or if any documents are misplaced or lost. Here is a rundown of what you should include with your letter.
- Employee handbook
- Employment contract
- Paystubs
- Timecards or time sheets
- Witness statements
- Documentation about your time worked, such as before or after your scheduled shift
- Make notes of any, and all, breaks and indicate if you worked through that break
- Your calculations that show how much you should have received minus how much you did receive
- Any notes pertaining to discussions with your supervisors about your pay
The more supporting evidence and documentation that you have for your claim, the more likely you are to succeed with your wage theft claim.
Example Wage Theft Demand Letter
You should include your employer’s address and direct it to either a supervisor or human resources department. Be sure to indicate your name, your mailing address, your phone number, and the date of the letter.
Dear Mr. Johnson,
I recently resigned from my position as a warehouse worker with your company after 15 years of service. I am contacting you because I did not receive my last paycheck, which should total $1,437 for the dates January 15 to January 21, 2019. I respectfully demand that you remit those wages owed to me within the next five business days.
If I do not receive a response to this letter, I will take further action to recover my unpaid wages. Additionally, the Wage and Hour Division (WHD) could be notified of your failure to pay my wages, and they could hold you liable for other damages should they find any illegal activity or wrongdoing by your failure to pay my wages.
This demand letter asking for my wages serves as an official notice to you and may be submitted as evidence in court as evidence for your failure to pay my wages.
If you think that the amount owed varies from the amount I requested, please provide documentation that shows a difference in the calculations. Also, please make note of the evidence that I have included with this letter.
Payment can be remitted to me at:
1313 Main Street
Franklin, NC 34789
Sincerely,
Jordan Richards
Seeking The Help Of An Attorney
Wage theft claims can be challenging, and by enlisting the help of an employment law attorney, you can get your claim on track more quickly and efficiently.
A wage theft attorney will be familiar with the state and federal laws and will know the best way to proceed with your claim.
You should ask for a free case evaluation to determine if you have suffered wage theft and if you have reason to pursue a claim against your employer. Complete the Free Case Evaluation Form on this page to share the details with a lawyer in your area.
