Unpaid Wages Demand Letter Template

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.

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:

Sample

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

Frequently Asked Questions