Alex How do you deal with unpaid wages?
When an employer fails to pay an employee the applicable minimum wage or the agreed wage for all hours worked, the employee has a legal claim for damages against the employer. To recover the unpaid wages, the employee can either bring a lawsuit in court or file an administrative claim with the state’s labor department.
What happens if you go to court for unpaid wages?
The court will send the claim to your employer who will be expected to pay or make an arrangement for paying you your money back in installments. They are given 14 days to accept your claim, they can however choose not to, and defend themselves, or can even make a counter-claim against you.
Where can I claim unpaid wages or entitlements?
If you think your employer owes you money, you might be able to make a claim for unpaid entitlements in the Federal Circuit Court ( FCC ).
How many cases have been won for unpaid wages?
Research has shown that where wages cases have been won only 37% of claimants received all the money they were owed.
What should I do if I have not received my wages?
If you have not received your money after following the steps in sections 1 & 2 above, where your claim is a pure wages claim and you know the exact amount of money you are owed (or you are deemed to be ‘self-employed’), you may take the small claims route through the county court.
If you think your employer owes you money, you might be able to make a claim for unpaid entitlements in the Federal Circuit Court ( FCC ).
Can a court order you to pay back unpaid wages?
The court may make a costs order against you if you are unsuccessful in claiming for unpaid entitlements. This may happen in circumstances where you have acted unreasonably or where the main purpose of your claim was to harass or embarrass your employer. recovering unpaid penalties or allowances, e.g. public holiday pay.
How many unpaid days can an employee take?
However, during any one fiscal year, an employee will not normally be granted more than a total of ten (10) days of Unpaid Time Off. Employees who are absent from work without approval of their supervisor may be subject to discipline and discharge. Such absences will be taken as Unpaid Time Off.
How much is the average wrongful termination settlement?
The average settlement or award for readers with lawyers was $48,800, compared to $19,200 for unrepresented readers. Both of these survey results make sense when you consider how wrongful termination attorneys work.