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Home Personal & Family Demand Letter Unpaid Wages

Unpaid Wages Demand Letter Template

Use our free unpaid wages demand letter template to inform your employer of outstanding wages.

Updated September 27, 2023 | Legally reviewed by Brooke Davis

An unpaid wages demand letter is a formal communication sent to an employer who has failed to pay the wages you’re owed. This may be a past employer who failed to give you your last paycheck, additional money for unused earned vacation pay, or a current employer who skipped paydays.

This letter serves as a preliminary step before any legal actions, allowing the employer to resolve the issue and pay the outstanding wages to avoid further complications, such as a lawsuit or complaint with a labor board.

Table of Contents
  • Unpaid Wages: Most Common Types
  • Demanding Unpaid Wages in 5 Steps
    • Step 1: Get in Touch with Your State Labor Office
    • Step 2: Draft a Demand Letter for Unpaid Wages
    • Step 3: Ask a Local U.S. Department of Labor Office to Contact the Employer
    • Step 4: File a Complaint and Summons to Start Your Case
    • Step 5: Be Prepared to Attend Court Hearing
  • Final Paycheck Laws and State Requirements
  • Sample
  • Frequently Asked Questions

Unpaid Wages: Most Common Types

Unpaid wages can come in many forms, whether you are employed or have just left your previous employer. In most cases, wage theft is more common than simply failing to give you a paycheck.

Some of the most frequent types of wage theft include:

  • Failing to pay your last paycheck.
  • Paying less than the minimum wage.
  • Not paying overtime or demanding employees work off the clock.
  • Stealing tips or taking out pay beyond the usual deductions.

If you experience any of these, you can send an unpaid wages demand letter.

Demanding Unpaid Wages in 5 Steps

If you are owed unpaid wages, a demand letter offers you and the employer the chance to resolve the matter peacefully before further legal action is taken. It also fortifies your court case, if it comes to that, by showing evidence of the employer’s refusal to pay.

Here are the steps you’ll need to take to demand unpaid wages:

Step 1: Get in Touch with Your State Labor Office

Your state labor office can advise you about your rights when employers refuse payment and help you resolve your unpaid wages case.

No matter what excuse your employer gives for failing to pay your wages, you should still take the case to the labor office. You are likely still owed those wages under the Fair Labor Standards Act. Your state labor office may advise you on what to include in your unpaid wages demand letter.

Step 2: Draft a Demand Letter for Unpaid Wages

Once you’ve spoken with your state labor office, it’s time to draft a formal demand letter. Use an appropriate tone and keep your letter to the point: explain the wages you are owed, the actions you may take if they are not paid by a specific date, and where your wages should be paid.

In addition, you should include:

  • Your street address, city, state, and zip code. and contact information
  • The date that the letter is sent
  • Your employer’s or ex-employer’s street address, city, state, and zip code

Step 3: Ask a Local U.S. Department of Labor Office to Contact the Employer

On top of your demand letter, ask the U.S. Department of Labor office to contact your employer to demand that they pay your owed wages. If the formal letter is not taken seriously by your employer, contact from a government agency may be.

If your boss agrees to pay and you receive your unpaid wages promptly, that’s all you need to do. You can move on with your life and with your next job. However, if they still refuse to pay, it’s time to take legal action.

Step 4: File a Complaint and Summons to Start Your Case

If your demand letter goes unanswered, the next step is filing a complaint. In your complaint, you will state when the job ended or the wages went unpaid, the amount you are owed, and the steps you took to collect payment. You may attach a copy of your due wages demand letter and the certified mail receipt as proof that the letter was sent.

In addition to your complaint, you will file a summons. This summons will be served to your employer, informing them of the case being brought against them and that they must appear in court.

Step 5: Be Prepared to Attend Court Hearing

Once a complaint is filed, you must prepare to attend a court hearing. This means that you may have to pay lawyer’s fees for representation.

You must also gather all the documentation and evidence to show your case to the judge. However, if you understand your rights to your unpaid wages, a court hearing can also offer confidence that your employer or ex-employer will not be able to get out of paying you.

Final Paycheck Laws and State Requirements

There are no laws mandating when employers must pay the final paycheck in Alabama, Florida, Georgia, and Mississippi. However, all other states have their laws regarding final paycheck requirements:

State LawWhen Employee Is FiredWhen Employee Quits
AlaskaWithin three business daysWithin three business days or the next regular payday, whichever is sooner
ArizonaWithin seven business days or the next payday, whichever is soonerBy next payday
ArkansasBy next paydayBy next payday
California
Additional laws: 201.3, 227.3
Immediately72 hours or immediately if employee gives at least 72 hours notice
ColoradoImmediatelyBy next payday
ConnecticutBy the next business dayBy next payday
DelawareBy next paydayBy next payday
HawaiiImmediatelyBy next payday or immediately if employee gives one pay period’s notice.
Idaho
(Additional Law)
By next payday or within 10 days, whichever is sooner; within 48 hours if employee requests earlier paymentBy next payday or within 10 days, whichever is sooner; within 48 hours if employee requests earlier payment
IllinoisBy next paydayBy next payday
Indiana
(Additional Law)
By next paydayBy next payday
KansasBy next paydayBy next payday
KentuckyBy next payday or within 14 days, whichever is laterBy next payday or within 14 days, whichever is later
LouisianaBy next payday or within 15 days, whichever is laterBy next payday or within 15 days, whichever is later
MaineBy next payday or within 14 days of demand, whichever is soonerBy next payday or within 14 days of demand, whichever is sooner
MarylandBy next paydayBy next payday
MassachusettsImmediatelyBy next payday
Michigan
(Additional Law)
ImmediatelyAs soon as amount is calculated
Minnesota (Additional Law)ImmediatelyBy next payday, unless payday is less than 5 days after last day; in which case, by the following payday or within 20 days, whichever is earlier
MissouriImmediatelyImmediately
MontanaImmediately or in accordance with written policyBy next payday or within 15 days, whichever is sooner
NebraskaBy next payday or within 14 days, whichever is soonerBy next payday or within 14 days, whichever is sooner
Nevada
(Additional Law)
ImmediatelyBy next payday or within seven days, whichever is sooner
New HampshireWithin 72 hours, or by next payday if employee was laid offBy next payday, or within 72 hours if employee gives one pay period of notice
New JerseyBy next paydayBy next payday
New Mexico
(Additional Law)
Within five daysBy next payday
New YorkBy next paydayBy next payday
North CarolinaBy next paydayBy next payday
North DakotaBy next paydayBy next payday
OhioBy next paydayBy next payday
OklahomaBy next paydayBy next payday
OregonBy end of business dayImmediately if given 48 hours notice; if no notice, within five days or by next payday, whichever is sooner
PennsylvaniaBy next paydayBy next payday
Rhode IslandBy next payday; if laid off due to merger, relocation, or liquidation, within 24 hoursBy next payday
South CarolinaWithin 48 hours or by next paydayWithin 48 hours or by next payday
South Dakota
(Additional Law)
By next payday or whenever employee returns employer’s propertyBy next payday or whenever employee returns employer's property
TennesseeBy next payday or within 21 days, whichever is laterBy next payday or within 21 days, whichever is later
TexasWithin six daysBy next payday
UtahWithin 24 hoursBy next payday
VermontWithin 72 hoursBy next payday
VirginiaBy next paydayBy next payday
WashingtonBy end of pay periodBy end of pay period
West VirginiaBy next paydayBy next payday
WisconsinNext payday or within one month, whichever is sooner; if laid off due to merger, relocation, or liquidation, within 24 hoursBy next payday
WyomingBy next paydayBy next payday

Sample

You can download our free unpaid wages demand letter template below in PDF or Word format.

unpaid wages demand letter

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Frequently Asked Questions

How should a demand for unpaid wages be delivered?

You should have your unpaid wages demand letter sent by certified mail. This way, when your employer receives the letter, they will have to sign the receipt, which will be sent back to you. You should keep this receipt as evidence. This will prove that the letter was sent and that the employer failed to pay.

Can an attorney help with a demand letter for unpaid wages?

An attorney can help you draft the letter for unpaid wages and advise you on the next steps if your employer does not pay.

Related Personal Property Documents

  • Promissory Note: Outline the details of a loan made between two people, a borrower, and a lender.
  • I Owe You (IOU): Used to specify the details of a loan made between a borrower and a lender.
  • Demand Letter for Payment: A formal, written document demanding payment of an outstanding debt.
  • Personal Property Demand Letter: Create a personal property demand letter to request someone to return your personal property.

Create Your Unpaid Wages Demand Letter in Minutes!

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Unpaid Wages Demand Letter Template

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