Find an unpaid wages lawyer who can battle for you to get maximum compensation
If you were shafted by your employer, then you might be able to file a wage and hour lawsuit or another employment claim against your employer. My Rights Law is a personal injury law firm that helps aggrieved employees obtain compensation and justice from bad employers. Our upaid wages lawyers are here for you when you need us. Please do not hesitate to call (888) 702-8882 or leave us a message on our secure web form for a free consultation.
When your employer withholds your pay, it places an extreme amount of stress on you and your family. Withheld pay can put at risk your family’s most basic needs, like food, shelter, and clothing. An employer may withhold payment accidentally or intentionally. An employer may even illegally withhold pay in ways in which you are not even aware.
Some state laws place strict requirements on employers concerning employee pay. For example, an employer might illegally withhold your wage or hourly pay in any of the following manners:
Not establishing a pay period that is bimonthly;
Pay you at a rate that is below minimum wage;
Withholding all your pay in the event of a dispute about a portion of your income;
Withholding or deducting money for any reason not authorized by the law;
Refusing to pay you for overtime hours or paying you at an incorrect rate;
Improperly claiming you are a salaried employee;
Refusing to pay bonuses or commissions;
Failing to pay in precise time frames in the event of termination
The list above contains examples only. If your employer has withheld any part of your paychecks for any reason, you should speak with one of our qualified wage and hour attorneys today. We will take the time to meet with you and understand your situation, answer all your questions, and advise you of your available options. Your initial consultation is always free.
If you are in a dispute with your employer over a portion of pay you believe you are entitled to, in most states, your employer is not authorized to withhold your payment until the matter is resolved. The employer must pay you the entire portion of your pay that is not subject to dispute in the exact timing and manner they distribute all other compensation.
Some state laws only authorize your employer to withhold the portion of your pay that is subject to the dispute. If your employer has withheld more than that position, they have violated the law.
Employer Deductions From Employee Pay
There are strict rules governing the circumstances under which an employer can deduct wages from your pay. Employers are authorized to deduct payment from your wages in two cases. The first is when permitted by state or federal law. The second occurs at the employee’s specific request.
We are all generally familiar with the deductions authorized by federal or state law. These deductions may include taxes, social security, and child support, among others. We are similarly familiar with types of deductions employees authorize. Employees may allow these deductions personally, or they may be part of the collective bargaining agreement in which the employee participates. These deductions may apply to pension plans, 401K plans, or health and life insurance plans, among others.
Oftentimes, there are laws that prohibit an employer from deducting certain expenses from an employee’s wage or hourly earrings. Unfortunately, there are times when employers exceed these limitations and make illegal deductions from employee wage and hourly earnings. Most typically, this involves a circumstance where the employee accuses the employee of breaking property. Employers may not generally deduct wages or hourly pay if an employee breaks property. There are some exceptions to this rule, but generally, the employer must conclude that the employee acted with the intent to cause damage or with gross negligence.
If your employer has deducted any pay from your regular wage or hourly rate that you think is wrong, contact us today for a free consultation.
Wage Laws On Separation From Employment
There are many ways an employee may experience separation from employment, including termination, resignation, and a strike. In many states, rules concerning the timing of outstanding wage and hourly pay vary depending on the type of separation (e.g., termination, resignation, lay-off). If you were separated from employment and your previous employer did not comply with your state’s wage and hour requirements, then they may be violating the law.
Contact A Wage And Hour Attorney For Your Unpaid Wages Claim
Some states’ employment laws provide comprehensive laws covering when an employer can withhold or deduct pay from an employee’s wages or hourly rate. Any withholding or deduction not authorized by those rules constitutes a violation of the law.
These violations are particularly stressful for wage earners as they place you and your loved ones in jeopardy of being unable to meet your financial obligations. It also imposes significant mental distress, depression, and feelings of helplessness. We are here to help.
If your employer has withheld your wages or hourly rate, speak to one of our experienced wage and hour attorneys today. We will take the time to understand your situation, answer all your questions, and advise you of your rights and options. Your initial consultation is always free of charge.
Frequently Asked Questions About Unpaid Wage Claims
How Can A Wage And Hour Lawyer Help Me?
You could do yourself good service by contacting an experienced wage and hour lawyer or a personal injury lawyer who takes up employment law as one of their practice areas. These types of professionals have knowledge and experience with state laws and federal labor laws, including Fair Labor Standards Act FLSA. They are used to bringing wage and hour claims and other actions against employers under both state law and federal law and can help employees get possible compensation from those employers who are to blame.
Wage and hour lawyers know the legal process well, including how to search and locate the proper parties to sue and how to negotiate with defendants and their insurance companies regarding a resolution of your case that works for you.
A free consultation with a wage and hour lawyer will enable you to establish whether you have a viable claim related to your work and what you should do throughout the legal process to get paid what you are owed. The skilled overtime lawyer at My Rights Law are keen on complex labor laws and provide employees with a free consultation to help them determine their legal options. My Rights Law isn’t just your average law firm. Our overtime lawyers treat clients like family, and we value the attorney client relationship. We will work diligently to ensure that each of our client workers gets compensation and justice for being mistreated on the job.
What Causes Wage Disputes
In some states, employers have a responsibility to uphold their end of the work agreement with employees according to the applicable law. Their failure to do so could serve as the basis of a lawsuit brought by employees and contractors. Anything that the employer does or fails to do that harms an employee could potentially enable that employee to recover compensation by suing. Any of the employer’s management (including assistant managers) who violate employment laws could result in an action against the employer.
If an employer violated your employment agreement, then you could sue them for breach of contract, which could result in damages being awarded to you (or another form of relief) depending on your circumstances. The damages you receive could be governed under your contract.
Common employment lawsuits come about through unpaid wages, including minimum wage, overtime compensation, sales commissions, severance pay, and vacation pay. Other cases involve the employer’s retaliation, discrimination, and harassment, or their failure to provide meal and rest breaks or other allowances for which you are entitled. Some cases even involve wage theft and fraud. Sometimes labor lawsuits relate to employee misclassification (you are an employee even though your employer claims that you are just a contractor), where you aren’t provided valuable benefits or employee rights.
What Kind Of Damages Do Employees Get For Suing Employers For Unpaid Wages?
Because of the broad nature of unpaid wage disputes, you should speak with an attorney about your specific situation to know what type of damages you might receive. Your lawyer should know how to calculate these damages and negotiate with the employer to get you the compensation you deserve.
Calling An Unpaid Wages Lawyer For Help With Your Wage Claims
Did your employer fail you? If so, then to make the most of your case, pursue a consultation with an attorney who knows all about the state’s wage and hour laws and other employment laws relevant to your situation. A consultation with a wage and hour lawyer can enable you to know what you are owed under the law and what to do next from a legal standpoint in your wage claim.
The unpaid wages attorneys at My Rights Law are all about protecting workers’ rights and helping them get the best resolutions to their legal problems. That includes a careful review of your employment agreement, including wage statements and other financial documents, and helping you take action against bad employers, whether for failure to pay a reasonable overtime rate or your overtime wages, or other wage and hour violations, or employer misconduct evidencing a violation of labor laws. For your consultation, we will thoroughly evaluate your issue for claim validation purposes and give you straightforward legal advice regarding your next steps. We’ll help to ensure that you obtain a meaningful recovery, including unpaid wages and more. When you are ready to consult with My Rights Law’s skilled unpaid wages lawyers, give us a call at phone number (888) 702-8882 or contact us through our secure web form.