Reference this unpaid wage claim checklist when preparing your claim.
In a previous post, we covered what you should do if your employer isn’t paying your earned wages and pay. In this post, we go into further detail, giving you a checklist to ensure nothing is forgotten in preparing your claim.
Whether you use this checklist in preparation for consulting with a lawyer, or you choose to go it alone, remember: quality free legal representation for an unpaid wage claim is available at zero cost to you by simply contacting us at 1-800-NOT-FAIR (1-800-668-3247) or emailing us at info@wheresmypay pop over to these guys.com.
Document Hours Worked
Go back as far as you must to determine when you first noticed that your earned wages were not being fully paid or were unpaid. If you have maintained a record of the hours you worked, make sure to put it in a safe place. If you have not done so, go back, look at a calendar and try to recreate one by memory and/or work-shift schedule.
Block off any days you recall taking as unpaid vacation and/or unpaid sick or leave time. Go through old email to/from your employer, supervisor, and/or its Human Resources department. Such communications may help in recreating an accurate record of the hours worked to compare to wages paid.
If you have company records of hours worked, ask a manager or supervisor to sign off on your personal time card. If they will not do so, write down why they refused and the date, and save it. As a backup plan, have a co-worker sign your time card if they saw you at work and have a good working memory of you being there.
Save any performance reviews and, if undated, try as best as possible to remember when they occurred, writing the date on the back along with the name of the individual conducting the review. If you weren’t given documentation of the review, request one. If your employer does not have a copy, document what you can to the best of your ability and provide the other information noted above.
Email and Correspondence
Never delete email involving your employment. Better yet, keep a record of all correspondence with your employer, supervisors, Human Resources personnel, and/or co-workers. If there have been issues with your work and/or compensation, save those too.
If you had phone conversations discussing your hours, performance and compensation, try to put them in writing as best as possible, including name of person spoken to, content of call, date, time, issue discussed and resolution. If you were told you would be receive payment for wages due, detail those communications and commit them to writing so that your recollection of events is preserved.
Job Offer Letter and Pay Stubs
If you received a job offer letter that specifying how you would be paid and at what rate, try to locate that letter. If it is lost or cannot be located but you recall receiving one, try to remember and write down the name of the person who would have sent it to you, the approximate date, and any other details you can recall.
If you sent a confirming letter discussing compensation or accepting the position, try to dig that out and save it with the other documentation. If you have current or previous pay stubs, save those too. These documents help prove your unpaid wages claim.
Employee Handbook and Company Policies
You should have been given an employee handbook when you began working with your employer. If not, request one. Also, try to locate other documentation regarding the company policies, as this may support your case.
If a coworker has witnessed anything that may help show that you worked the hours claimed or statements made to you about your hours/compensation, ask them to note what they saw and/or heard and then ask them to sign and date their statement. Or, if you recall the events, you can write down what you remember happening and ask the co-worker to sign what you have prepared. This testimonial will serve to support your case.
Consulting with an Attorney
Wage and Pay laws can vary from state to state, but an experienced attorney can easily determine what you are entitled to and how to get the money paid. The more information you can provide to your lawyer, the better they will be able to represent you and your claim.