How To Prove Wage Theft

If you are having trouble proving that you have suffered wage theft, this will help you maneuver the process and gather the supporting evidence that you need.

Wage theft is a challenging situation to be in, and you do have rights and resources available to help you overcome the challenge of a wage theft claim against your employer. Be sure to gather supporting evidence and documentation so you can have a successful claim against your employer.

Collecting Evidence

Before you file a wage theft claim it is best to gather evidence on the matter. You will need to gather supporting documentation, such as a calculation of the unpaid wages, determination of penalties that are owed by your employer because of the wage theft, and any other supporting documentation that you can gather to prove you suffered wage theft.

It is highly advised that you retain the original documents and only make copies of them to provide with your claim as evidence. However, be aware that some employers may not be open to only receiving copies of the evidence. If that is the case, be sure to make multiple copies, so you will have copies to support your claim should the original documents be lost.

Having a licensed employment law attorney who is familiar with the wage theft claims process can definitely help your claim. When you are represented by a wage theft attorney, you are much more likely to succeed with your claim against your employer. Your lawyer will gather supporting evidence and documentation so you can prove that you suffered wage theft.

How To File A Complaint

If you have suffered wage theft, you should follow proper procedure to file a wage theft claim against your employer. The Fair Labor Standards Act (FLSA) was enacted to protect employees. If an employer is caught willfully violating the FLSA, he or she could face criminal prosecution and be fined up to $10,000 in addition to paying the damages suffered by the worker.

Title III of the Consumer Credit Protection Act (CCPA) refers to wage garnishments. A wage garnishment is any legal procedure in which a portion of the worker’s earnings are required to be held to pay a debt that they owe. Usually a garnishment is done by court order. Title III limits the amount of the individual’s earnings that can be garnished and protects the employee from being fired if he or she is only having pay garnished to pay one debt.

If you have been subjected to wage theft in any form, you do have resources available to help you and there are remedies available to help guide you through the process. Maintaining evidence and documentation to support your claim is essential to the success of your claim against your employer. You should first address the issue with your employer by speaking with a manager or your company’s human resources (HR) department.

Some states have additional laws regarding wage theft in addition to the federal laws that protect workers who have fallen victim to the wrongful taking of earnings by employers. You should research the applicable laws, so you will understand your rights and the process that is involved with filing a complaint against your employer.

If your employer does not resolve the issue, you should file a complaint with your state’s Wage and Hour Division (WHD). They will investigate your claim and work to resolve the issue. They will determine if your employer should face criminal penalties and fines for their behavior in addition to paying you for your damages suffered because of the wage theft. In some cases, a lawsuit may be filed against your employer and you may have to present your evidence for a judge and/or jury to determine the outcome of your claim against your employer.

Fill Out A Free Evaluation Form

If you think you have been subjected to wage theft by your employer, you should fill out a free evaluation form to share the details of your claim with an employment law attorney in your area. Be sure to discuss the payment options with your lawyer.

Some attorneys will charge a retainer and an hourly rate while other lawyers will work on a contingency basis and not be paid until you win your claim and recover damages. You do have limited time for pursuing a claim, so do not wait until it is too late to recoup damages for your losses. Get a free case review today from an employment law attorney who handles wage theft cases.


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