Understanding your situation
What you need to prepare
- ✓Pay stubs or payroll records showing what you were paid and the discrepancy
- ✓Employment contract, offer letter, or written confirmation of salary/wage rate
- ✓Time records (timesheets, clock-in logs, emails showing hours worked)
- ✓Bank statements showing what was deposited vs. what should have been paid
- ✓Any communications with employer about the unpaid wages
- ✓Commission agreement or bonus policy documents (if applicable)
- ✓Your termination notice or resignation letter (for final paycheck disputes)
⏰ Deadline
Wage claim statutes of limitations: US federal (FLSA): 2 years (3 years for willful violations). State laws vary widely - California: 3 years; New York: 6 years. UK: Employment Tribunal claims: 3 months minus one day from the last non-payment. DE: 3 years generally. Act quickly - many labor authority complaint deadlines are shorter than court deadlines.
🏛️ Authority
US: Department of Labor Wage and Hour Division, state labor boards, Employment Tribunal (UK), Arbeitsgericht (DE), Labour Court (various countries). Small Claims Court for amounts within limits.
⚖️ Legal basis
US: Fair Labor Standards Act (FLSA), state wage payment laws. UK: Employment Rights Act 1996, National Minimum Wage Act 1998. DE: §§ 611a, 614, 615 BGB, Mindestlohngesetz. Most jurisdictions have strong statutory protections for wage claims.
Expert tips
- 1Calculate the exact amount owed, including any statutory interest or penalties that may apply in your jurisdiction. Some states double unpaid wages as a penalty.
- 2Reference specific dates of non-payment and the applicable pay period. Precision matters.
- 3Mention the relevant law by name - even just citing 'the [State] Wage Payment Act' shows you know your rights and are prepared to use them.
- 4Note that if the matter is not resolved, you will file a complaint with [relevant labor authority] and/or pursue a claim in court. Filing with labor authorities is often free and can result in investigation.
- 5Keep records of when you sent the demand and any response. Non-response can itself be relevant in proceedings.
- 6If you are owed final wages after termination, many jurisdictions impose additional penalties on employers who fail to pay promptly - mention this.
- 7If you signed a severance agreement with a release of claims, review it carefully before proceeding - you may have released wage claims.