Nothing can be more frustrating than not getting paid for the money you earned for working. There are many instances where you may have either not been paid at all or weren't paid what you are fully due. Some employers might try to skip out on paying their employees overtime pay or what they were due to be paid under a signed contract. If an employer tries to pay their employees with products from the company instead of wages, you may still be able to get paid in cash for the hours you worked. No matter the reason you weren't paid what you are owed, there are ways to try and claim your unpaid wages from your employer.
Where To Begin To Recover Your Unpaid Wages
Before you try to take any legal action against your employer, it is always best to talk to them first and try to rectify the issue. In many cases, the problem can be resolved quickly and easily without having to take it to court over the issue. If you sue your employer and are currently working for them, you run the risk of losing your job and ruining your working relationship with them. Legal pressure is not the best way to try and resolve your issue in the beginning. If your employer is hesitant to work with you on the matter, try to take the problem before a mediator to solve the issue. This is usually the best non-legal course of action if you want to keep your working relationship on good terms.
When To Take Legal Action To Claim Unpaid Wages
If simply talking with your employer or using a mediator doesn't work, you may have to sue your employer for unpaid wages. Keep in mind, however, that you will need to provide the court with a lot of proof to back up your claims of not being paid what your were supposed to. If you have a work contract or time sheet for hours work, you should have copies of that available for your lawyer. If you successfully prove your claim, the judge may require your current or previous employer to pay you in a lump sum payment for past due wages or may have to pay you in increments. This will typically depend on the judge's preference and the financial standing of the employer's business.
Steps To Take If The Employer Went Out Of Business
Getting back unpaid wages from a past employer that went out of business is a little more tricky. Even if you are fully entitled to the wages in question, you won't be guaranteed to get them all back. When a business gets closed down, they will have to go through a lengthy liquidation process of all of the business' assets. After the liquidation process has been completed, the money will be divided up between many different parties. Typically, the first funds go to paying off the cost of liquidation. Secondly, any money that might be due to the IRS for taxes will be paid off next. The money that is left over will be divided between all of the employees. Not all employees are guaranteed to get what they are owed or any at all in some cases.
Employers Need To Keep Time Records For All Employees
Every employer is required to keep detailed work reports for their employees. These reports need to detail things like pay, hours worked and what hours were worked and where. The information should also include details about what type of job each employee performed. If an employer doesn't keep detailed records of this information about their employees, then they will typically lose any case in which they are being sued for unpaid wages.
All workers should feel like they get paid fairly for the job they do. No employee wants to work hard for the pay they are entitled to and then find out they won't be receiving it. If you feel you haven't been paid what you are due, you have every obligation to speak with your employer about the issue or take the issue to court. If you do take your case to court, you should seek the help of a lawyer who has experience in this area of law in order to have the best chance at recovering your unpaid wages.
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