Unpaid Wages Demand Letter Template

If an employer has failed to pay you the wages you’re owed, you can send unpaid wages demand letter to demand immediate payment. This is a simple but effective way to defend your legal rights to your wages.

Table of Contents

• What Is an Unpaid Wages Demand Letter?
• Unpaid Wages: Most Common Types
• Demanding Unpaid Wages in 5 Steps
• Final Paycheck Requirements in Each State
• How to Write an Unpaid Wages Demand Letter
• Unpaid Wages Demand Sample
• FAQs

What Is an Unpaid Wages Demand Letter?

An unpaid wages demand letter is 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.

The demand letter outlines your right to unpaid wages and demands they pay you immediately. A demand letter is usually the first step before legal action.

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 common 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 matter 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 certain date, and where your wages should be paid.

You should send your demand letter by certified mail and keep the certified mail receipt for your own records. This will prove that the letter was sent and that the employer failed to pay.

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

In addition to your demand letter, ask the U.S. Department of Labor office to contact your employer to demand that your employer 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 unpaid 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 will need to 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 will also need to 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 Requirements in Each State

In AlabamaFlorida, Georgia, and Mississippi, there are no laws concerning when employers must pay the final paycheck. However, all other states have their own laws regarding final paycheck requirements. Here is what the law requires:

How to Write an Unpaid Wages Demand Letter

Use our free unpaid wages demand letter template to write an unpaid wages demand letter. Once you have the template, you have to fill in both parties’ first and last names, street addresses, contact information, and relevant numbers.

Unpaid Wages Demand Sample

FAQs