Wage theft is a serious problem that many workers face. If you have fallen victim to wage theft, you can take legal action against your employer to recoup your losses. When an employer fails to pay an employee the wages that he or she has earned, that employee has a right to recover those unpaid wages under both state and federal laws.
You should speak with an employment law attorney if you have suffered wage theft in Florida. You do not want to risk losing the wages that you are that you are entitled to receive and that you have worked for, so be sure to file your claim in a timely manner.
What You Need to Know Before You File a Wage Theft Claim
If you suspect you have been the victim of wage theft, you should act quickly. There is a specific approach or protocol that must be followed. You cannot just step forward and file a lawsuit against your employer.
Before you file a lawsuit, you will need to send written notification to your employer detailing your claim and providing supporting evidence and documentation. You will need to maintain evidence that you filed this notice to your employer, and you will also need to maintain documentation regarding their response.
If you do not believe your claim is taken seriously, be sure to make note and document what was said to you. Details are imperative to the success of your claim.
When you file this notice with your employer, they have 15 days to respond to your request and work to potentially resolve the issue. There is a statute of limitations, which limits how long you have so you can pursue a claim after wage theft.
You have two years after the wage theft took place to file a claim. If you wait longer than that, your claim will be denied, and you cannot recover compensation. Your notification to your employer should indicate the wages you are entitled to receive, the hours that you worked, and the total of all your lost wages.
A lawsuit can be time-consuming and complex, so if you do not get a response or a satisfactory resolution in 15 days after your request, you may want to consult with an employment law attorney who handles claims in your area. If you succeed with your claim, you may be awarded your lost wages plus reasonable attorney’s fees and any court costs.
How To Report Wage Theft
To properly and effectively report a wage theft, you will need to gather all the helpful evidence that you can. This will include copies of any documents relevant to your complaint.
You will need to keep a copy of all the documents for your own records and future reference. Your documents should include copies of your work contract, the employee handbook, any memos or correspondence, copies of timecards or time sheets, detailed records of when you worked along with any breaks, and then calculate your lost wages.
Statements from witnesses and any other pertinent details and documentation can also help support your claim and help you prevail with recovering your losses. Your wage theft attorney will help you gather supporting evidence and documentation and will work to resolve the matter. Specific protocol and processes must be adhered to, and your attorney will make sure everything is done accordingly.
Fill Out a Free Evaluation Form
If you have been the victim of wage theft in Florida, you should speak with a wage theft attorney. When you talk with an attorney, go over their payment plans because some lawyers require a retainer to be paid in advance and other attorneys work on a contingency basis, which means that they will not be paid until you win your case. A Florida employment law attorney will be familiar with the state and federal laws that apply, so your attorney will be able to ensure that your claim is on track properly and that all the supporting evidence is gathered and in order.
An attorney will review your claim to determine the best way for you to proceed with your case. An attorney will know the best way to proceed with your case and will be able to determine which evidence your claim needs to prevail.
Remember time to pursue a claim is limited, so complete the Free Case Evaluation Form on this page today to share the details regarding your Florida wage theft claim.