what to do if employer wont pay you
By on May 11th, 2021
Many of our clients come to united states with the claim, "My employer is not paying me." Unfortunately, in some cases, employees are fired and never receive their final paychecks or severance pay. Getting fired from your job is stressful plenty, and yous should non have to wonder whether you lot volition receive your final check or not.
So what happens when an employer doesn't pay you? You deserve experienced legal representation if your employer withholds wages owed. At Weisberg Cummings, P.C., we fight for clients in Pennsylvania who may accept an employment dispute.
How Does the PAWPCL Protect Your Rights every bit an Employee?
In Pennsylvania, if your pay is withheld by your employer, the Pennsylvania Wage Payment and Collection Law (PAWPCL) tin help make sure yous receive the pay y'all are owed. Under this law, yous can recover your earned wages that your employer withheld. Depending on your employment agreement and the specifics of your situation, this can include:
- Severance pay
- Unpaid wages
- Bonuses and commissions
- Paid time off you accrued merely did not use
- Health benefits and whatsoever other employment benefits
If you are uncertain about the language in your employment agreement or have questions, yous may want to speak with an employment lawyer to get clarification.
Under the PAWPCL, all employers are required to inform employees about compensation and benefits upon hiring. Employers are too obligated to pay their employees on a regular schedule. You should have a designated, regular payday, and your employer is not permitted to change this twenty-four hours without proper observe. If you lot do not receive your final payment on the correct 24-hour interval, your employer may be violating the law.
This is true regardless of whether you lot are withal employed or accept been fired. Your employer cannot legally withhold your pay subsequently you are fired, fifty-fifty if y'all are fired with cause. You even so have the right to receive the payments you lot are owed.
What to Do if Your Employer Doesn't Pay You What They Owe You lot
Beyond the PAWPCL, y'all may be able to recover what your employer owes y'all past getting in contact with an employment lawyer.
What Happens if My Employer Did Not Pay Me?
When an employer withholds pay, they may face penalties, such every bit a civil suit. If your employer fails to pay you what is owed, you lot may want to sue. "Employer" can refer to both the corporation you work for and the supervisor who chose not to pay you. If y'all sue, both entities may be held responsible.
If your case is successful, you may be able to recover the total corporeality of wages and payments you are owed, along with a percentage of liquidated amercement. These damages kick in if your wages are not paid within 30 days after your regular payday. Additionally, you may be reimbursed for your attorney fees.
Can My Employer Withhold My Paycheck if I Quit?
Your employer cannot withhold your pay if you quit or y'all are fired. When you get out your job for whatsoever reason, you are entitled to receive your final wages in a timely style. Typically, yous should receive your wages inside the next pay menstruation. Even if you quit, your employer must keep careful records of the hours y'all worked and wages you earned and so y'all tin can be paid in full.
An issue tin ascend if you leave your chore just keep company property. In this case, it may be useful to be informed virtually your rights. An attorney can provide more than information about the specifics of your state of affairs.
Where to Report Unpaid Wages
If y'all believe you are a victim of wage theft, you can file a complaint and report your unpaid wages to the U.S. Section of Labor'due south Wage and Hour Sectionalization. When you do and then, include data about your pay, job title, hours and other information from your pay stubs.
If you choose, you tin can pursue your case at the state level as well with country labor resource. Alternatively, y'all can pursue a private lawsuit against your employer. In certain states, an employee can file a wage theft merits in small claims court if the corporeality does not exceed the limit set by the jurisdiction.
When Should I File a Lawsuit?
You may be limited in how long you lot can expect to file a lawsuit in Pennsylvania to recover lost wages. When y'all are fired from your job, your employer can wait until your adjacent typical payday to pay what you are owed, including your severance pay. If you are not paid on time, you simply take a few years to bring a suit.
Nevertheless, you may not desire to delay. The sooner you bring the conform, the sooner you can recover what yous are owed.
Reach Out to an Experienced Employment Attorney
If your employer will not pay you what you are owed, you may desire to achieve out to an experienced employment attorney in Pennsylvania. A lawyer can do more for you than mediate your unpaid wages dispute. When you lot accept a lawyer from Weisberg Cummings, P.C. on your side, we volition provide a realistic, honest assessment of your case and what to wait.
After being in a wage dispute, your confidence may be shaken. Some of our clients fear retaliation at work or unlawful termination. Your fears may agree you back from pursuing your case, and you may even wonder whether you should take the loss and give upwards to ensure you go on your job.
Using the PAWPCL, we accept helped many employees recover the pay to which they are entitled. We can guide you through this challenging time and will reassure yous that you are on the right path. You lot deserve to exist paid for your work, and nosotros tin assist yous develop a program for how to proceed. During this fourth dimension, you may desire a strong ally on your side. Your lawyer tin can give y'all advice on what your options are and keep your well-beingness in mind through every step of the process.
Schedule a Gratis Consultation
At Weisberg Cummings, P.C., our employment lawyers help individuals and families throughout Pennsylvania. We are based in Harrisburg, and we provide personalized, thoughtful service that will help you get the results you want. We return emails and phone calls promptly, and we will have the time to thoroughly understand your goals and the specifics of your situation.
We work to protect our clients' interests and legal rights and provide representation in various legal matters. If your employer refuses to pay wages, contact us at Weisberg Cummings, P.C. to schedule a free consultation with one of our employment lawyers.
Source: https://www.weisbergcummings.com/what-to-do-when-your-employer-doesnt-pay-you-what-they-owe-you/
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