$3,000+
Average unpaid wage claim
+Penalties
Many states add waiting time penalties
2-4 years
Statute of limitations (varies by state)
What You Can Claim
Regular Wages
Hourly pay or salary you earned but weren't paid
Overtime Pay
Time-and-a-half for hours over 40/week in most states
Final Paycheck
Money owed when you quit or were fired
Commissions
Sales commissions you earned but weren't paid
Bonuses
Promised bonuses that were never paid
Freelance/Contract Work
Payment for completed services
Your Rights as a Worker
Employers MUST:
- Pay you for all hours worked
- Pay overtime (1.5x) for hours over 40/week
- Provide your final paycheck on time
- Pay at least minimum wage
Employers CANNOT:
- Retaliate against you for filing a claim
- Make you work "off the clock"
- Misclassify you as a contractor to avoid paying
- Deduct from wages without your consent
How to Recover Unpaid Wages
Step 1: Calculate What You're Owed
Add up all unpaid hours, overtime, final paycheck, bonuses, or commissions. Include any penalties your state allows.
Step 2: Gather Your Evidence
Collect pay stubs, timesheets, emails, texts, employment contracts, and any records showing work performed.
Step 3: Send a Formal Demand Letter
Write to your employer demanding payment within a specific timeframe. Send via certified mail.
Step 4: File a Wage Claim or Lawsuit
You can file with your state labor department or go directly to small claims court for faster resolution.
Step 5: Present Your Case
Bring all documentation to court. Be prepared to explain the work you did and why you weren't paid.
Step 6: Collect Your Money
If you win, the employer must pay. If they don't, you can use wage garnishment and other collection methods.
For Freelancers & Contractors
Client didn't pay for your work? You have the same rights to sue in small claims court. Gather your:
- Contract or agreement (even email confirmations work)
- Invoices you sent
- Proof of work delivered (files, screenshots, emails)
- Any communication about payment
Frequently Asked Questions
How long do I have to file an unpaid wages claim?
It varies by state, but typically 2-4 years for regular wages and up to 6 years for written contracts. The sooner you file, the better.
Can I sue for unpaid wages if I was paid in cash?
Yes! You can still recover unpaid wages even if you were paid in cash or "under the table." Gather any evidence you have of work performed.
What if my employer goes out of business?
You can still file a claim. Business owners may be personally liable, and you may have claims against business assets.
Can I get more than just my unpaid wages?
Yes! Many states allow "waiting time penalties" of up to 30 days additional wages if your employer willfully withheld pay. Some states also allow attorney fees.
Should I file with the labor department or small claims court?
Small claims court is often faster (30-60 days vs months). The labor department may provide more investigation but takes longer.
Ready to Get Paid?
SmolClaims helps you prepare court-ready documents to sue for unpaid wages. No lawyer needed.