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How To Sue Your Employer For Unpaid Wages In California

Updated: Dec 12, 2022

A Quick Guide On How To Sue For Unpaid Wages In California

Employers must promptly and accurately pay workers for all hours worked under the federal Fair Labor Standards Act (FLSA). This includes your regular rates, as well as rest and meal breaks, overtime, etc.

Any form of compensation your boss refuses to give is considered Unpaid Wages in California. This means you can report them and file claims with the help of a prescreened Unpaid Wages Attorney in California.

Can You Sue A Company For Not Paying You?

The company's pay schedule must pay the following:

  • Final pay if the employee leaves, whether voluntarily or as a result of being fired or laid off

  • Overtime pay

  • Waived rest and meal breaks

  • Workers' compensation for any workplace-related accidents and injuries

Additionally, the employer is prohibited from taking unapproved deductions.

Important: Employees Needs To Inform Their Employers Of Missing Pay

The employee may bring a civil case against the company if it fails to pay the overdue wages, whether on purpose or not. That said, the worker should take the following actions before filing a lawsuit:

  • Send a note to the employer outlining the due amount, dates, and hours worked. Sending it by official mail will provide the sender with proof of delivery.

  • Gather all emails and other correspondence with the employer, especially ones that prove your employment and any discussions of overdue wages. This is crucial for workers who are "at-will" or don't have a written contract.

  • Gather more evidence for the case, such as employee documents, pay slips, contracts, etc.

  • Contact the Attorney General's Office and file a complaint. This office will enforce minimum wage rules. However, it will not provide particular legal assistance.

  • File a report with the US Department of Labor office in California.

can i sue my employer for not paying me correctly

Even if you weren't pursuing a lawsuit, you might have to deal with the process, requirements, and negotiations. This could be challenging, especially if you aim for an unpaid wage settlement.

Before making any decision, consult with a trusted Unpaid Wages Attorney in California; your prescreened lawyer can review the facts of your case, collect the needed evidence, file the proper paperwork, and negotiate with your employer and their party.

Can I Sue My Employer For Not Paying Me Correctly?

Yes. Aside from agreed or contract-binding payment schedules, you also have the right to get other forms of pay, including:

  • A commission or tip

  • Final salaries/wages

  • Bonuses

  • Meal and rest breaks

  • Paid leave

  • Overtime

Employees who are owed tips, commissions, or back wages may be entitled to the total amount owed under the FLSA. In addition, these workers might also be eligible for liquid damages, which would be paid to the employer as compensation for breaking federal labor regulations.

To receive this, the employee must demonstrate that the employer willfully withheld wages and broke the law. Unfortunately, this is often difficult to prove. It would be best if you worked alongside your Unpaid Wages Attorney in California to get the best outcome.

The California Unpaid Wages Penalties include the sum of the back pay and other damages in an unpaid wages lawsuit. Workers may be eligible for additional damages or monetary court awards:

  • Interest On Unpaid Wages in California: The court set aside money to compensate for the lost funds.

  • Punitive Damages: This is compensation awarded to the worker to punish the negligent employer. Think of punitive damages as a way to "teach employers a lesson," specifically for egregious employment law cases in California.

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Hire A Prescreened Unpaid Wages Attorney in California ASAP! is a California Bar Association-Certified Lawyer Referral Service that can refer you to a prescreened attorney best fit to handle your case. Contact us on our 24/7 lawyer referral hotline at 1-661-310-7999 or complete our inquiry submission form for a FREE INITIAL CONSULTATION.


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