How to collect unpaid wages from an employer
Unpaid hours, missing overtime and final paychecks that never arrive happen more often than they should, and many workers never put a request in writing. Four things are on your side: federal law, state law, a free government agency that enforces them, and a ban on retaliation for using any of them.
- The written demand (day 1). List the specific hours, dates and amounts. Honest payroll errors often get fixed at this stage, and if yours isn’t, you have started a paper record.
- The firm follow-up (about day 10). This letter cites the Fair Labor Standards Act and your state’s wage payment law, notes that retaliation for asserting wage rights is illegal, and sets a deadline.
- The final demand (about day 21). Send it by certified mail with a 10-business-day deadline, and say plainly what comes next: a free, confidential complaint to the U.S. Department of Labor’s Wage and Hour Division or your state labor agency, and possibly court, where wage laws provide for back pay, up to double damages, and attorney fees.
Can they fire me for asking?
Retaliating against you for asserting wage rights or filing a wage complaint is illegal under federal law, and complaints to the DOL are confidential, so your name is not disclosed. That does not make retaliation impossible, but it does make it costly for the employer, and the letters put the protection on the record.
If you were a contractor, not an employee
True independent contractors are not covered by federal wage law, so an unpaid invoice is a contract matter (our Get Paid Letters kit is built for that). If you were a contractor in name only, though, and they set your hours, supplied the tools and controlled the work, you may have been misclassified. You can still file with the DOL, which looks at how the relationship worked in practice rather than at the label.
Wage Claim Letters provides self-help document templates and general information. It is not legal advice, and it is not a substitute for the advice of an attorney. Kits For That is not a law firm. Wage laws, final-paycheck deadlines and damages vary by state and situation and change over time, so check the current rules with the U.S. Department of Labor (dol.gov) and your state labor agency.