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What to Know About Filing an Unpaid Wages Complaint

Posted on behalf of Peter T. Nicholl in Employment Sep 07, 2018

overtime request formHave you been denied wages (overtime pay or minimum wage) you are rightfully owed?

You can file a complaint with the United States Department of Labor (DOL) to attempt to recover what you are owed. However, the process can be confusing. Below, you can learn more about this process and how to get through it.

The Maryland unpaid overtime lawyers at The Law Offices of Peter T. Nicholl can help guide you through each step in the process, pursuing the fair compensation you deserve.

Information You Need

When filing a complaint with the DOL's Wage and Hour Division (WHD), you must include certain information:

  • Your name, address and phone number
  • The name of your employer or former employer
  • Location of the company (this may not be the same address where you worked)
  • Company phone number
  • Name of the manager or owner (the right person to speak with regarding your unpaid wages)
  • A description of the type of work you performed
  • How you were paid (cash, check, etc.) and when (what day, how frequently)

It may also be helpful to include additional information in your complaint if you have access to it, such as:

  • Pay stub copies
  • Records of hours worked
  • Information detailing the company’s payment practices (such as an employee handbook)

What if I Do Not Have the Required Information?

If you do not have all the information required for filing a complaint with the WHD, gather as much information as possible.

  • If you do not have permanent contact information, you may use your cellphone number or contact information of a close friend or family member who will be able to reach you if needed.
  • If you do not know your employer’s name, it may be helpful to take photos of the company sign or vehicles as well as write down the license plate numbers of work vehicles. If there are other employers on the jobsite, note their information as well. Note the address of the jobsite you report to.
  • If you have received a paycheck for wages, copy all information on the check before depositing or cashing it. Take a picture of the check or make a photocopy.
  • Keep a personal record of your hours worked if the company is not doing so. Note daily start and finishing times, meal break times and how long they were. Make notes of the dates you were paid and the amount of payment you received.

Deadline for Filing a Complaint

Workers in most cases must file unpaid wages complaints within a two-year statute of limitations, that starts from the date of the unpaid wages. You may not be able to recover compensation for unpaid wages earned over two years prior to filing your complaint.

In cases where your employer willfully withheld wages and committed payment violations, the statute of limitations is three years instead of two.

Working with an employment lawyer will help ensure your complaint is filed within the appropriate timeframe to ensure you have the chance to pursue compensation for your unpaid wages. An attorney will also advise you about what information you need to collect, and help you gather evidence to prove your claim of unpaid wages.

Contact Our Attorneys for Help

If you have been denied the wages you are rightfully owed, the Maryland unpaid wages attorneys of The Law Offices of Peter T. Nicholl can help you access the compensation you are entitled to.

Request a free, no obligation consultation today and learn what legal options are available for recovering your rightful compensation. We charge no upfront fees and are only paid if we successfully recover compensation in your case.

Call 410-244-7005 or complete our Free Case Review form now.

Contact our personal injury lawyers for a free consultation if you have been injured by another’s negligence. You may be entitled to compensation.

GET WHAT YOU DESERVE

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