If your employer owes you unpaid wages, you can file a wage claim to collect the money your employer didn’t pay you. Common forms of unpaid wages include overtime, meal and rest breaks, travel time, business expenses, and paycheck deductions. Our Monterey County employment law attorneys explain the process of an unpaid wage claim and how long it takes to reclaim your unpaid earnings.
The Process of an Unpaid Wage Claim
First, you need to file an unpaid wage claim with the help of an experienced employment law attorney. After you file your claim, a Deputy Labor Commissioner will make an initial decision about your claim. They will decide if the case should be dismissed, assigned to a settlement, or schedule a hearing. If your case is assigned to a settlement or a court hearing, you should receive a notice within 30 days.
Settlement Conference
In a settlement conference, an attorney can help you resolve your claim without holding a court hearing. The Deputy Labor Commissioner will talk to you and your employer to find out whether a settlement is possible. In this step, you need to provide documentation with details on how much your employer owes you. If you and your employer can’t reach a settlement, the case will be moved to a court hearing.
Court Hearing
In a court hearing, you can present any documentation or witnesses needed to support your claims. The hearing officer may ask questions, review evidence, and ask you to explain your claims. After the hearing, you will receive the hearing officer’s decision within 15 days. If you win, the decision will explain how much your employer will need to pay you.
The entire process can take a few months, depending on the complexity of your case. It is best to seek legal guidance to get an accurate estimate of how long your unpaid wage claim will take.
Call Our Monterey County Attorneys
If you believe your employer has wronged you and failed to pay you the wages you’ve earned, you can file an unpaid wage claim to recover those wages. Our Monterey County employment law attorneys have years of experience helping employees facing businesses who have wronged them. Our team can guide you through the process to help you obtain the best possible results for your case.
Contact our Monterey County employment lawyers today at (888) 796-4010 to schedule a case review.