When your employer doesn’t pay you the full amount that you’re owed, it’s not just frustrating. It’s also a financial and emotional burden. They may have shorted your paycheck, withheld overtime or final wages after you were fired or quit, or refused to reimburse you for work expenses. But the impact on you is often greater than the amount of that missing paycheck.
In this blog, we will briefly discuss the cost of missing wages in California, how to recover unpaid wages, potential damages, and how a skilled employment attorney can assist you.
What’s the True Cost of Unpaid Wages?
The repercussions of wage violations and other payroll mistakes can have far-reaching effects that can potentially upend your entire life.
1. Immediate financial strain
You still have rent or a mortgage to pay, as well as utilities, groceries, and transportation. If you’re paycheck to paycheck, one missed check could put you in a position where you need to borrow money, use credit cards, or fall behind on other bills, and you end up paying late fees and interest.
2. Overdraft fees and credit score damage
Late or missing payments can result in overdraft fees from bounced automatic payments. Missed payments also can ding your credit score, which could come back to haunt you in the future if you need to take out a loan or rent an apartment.
3. Emotional stress and health problems
Financial stress is one of the leading sources of stress. The resulting anxiety about making ends meet can lead to sleepless nights, anxiety, or depression, and it can even put a strain on family and relationships.
4. Lost time and productivity
Think of all the time you had to spend making phone calls, writing emails, and putting together a timesheet to get those missing wages. You can never get back those hours, which you could’ve spent working, resting, or spending time with your family.
5. Long-term earnings impact
If you are consistently underpaid (e.g., if overtime is not properly calculated), the total amount of money missing from your paycheck compounds over time. That lost money could be going toward your savings account, retirement fund, or paying off debt.
Steps To Recover Unpaid Wages in California
Follow these steps to get your unpaid wages and any other amounts that you are owed.
1. Document your hours and pay
Maintain your own pay records, which should include start and end times, meal and rest breaks, and any overtime worked. Keep your pay stubs, schedules, and any emails or text messages that mention work hours or pay rates.
2. Raise the issue internally
Often, payroll issues are honest mistakes that can be quickly and easily remedied by the payroll or HR department. You could try sending a simple email to HR or your boss. Keep it clear, simple, and nice. Here’s an example:
“Hi [Manager], my last paycheck was missing my overtime pay for last week. Can you look into it, please? I would like to have that corrected before the next payroll.”
3. Hire a skilled employment attorney
If the employer does not fix the problem, you have the right to file a lawsuit to recover wages. There are short deadlines to file claims, so do not delay.
4. If you’ve faced retaliation, you have options
Employers cannot retaliate against you for complaining about wages or filing a claim. This means they cannot reduce your hours, demote you, harass you, or terminate your employment. You may be able to file another claim for damages if they do retaliate.
Potential Damages You May Recover
Naturally, if you pursue obtaining the wages you are due, you expect to ultimately receive those wages. However, in addition to your unpaid wages, you may also be entitled to the following:
- Premium pay for missed meal or rest breaks
- Waiting time penalties (up to 30 days of wages) if you weren’t paid on time when leaving the job
- Interest on the unpaid amounts due to you
- Attorneys’ fees and costs
Note that, in many cases, the amount of damages due to you may be several times the amount of the original missing paycheck.
Act Quickly To Protect Your Rights
The longer you wait to try to recover your unpaid wages, the harder it will be to prove your case. Why? Because employers can “lose” time records, misplace pay stubs, or claim that an employee never worked the extra hours. Therefore, be sure to document everything as soon as possible and seek advice promptly to protect your right to receive the full amount you are owed.
Benefits of Working With an Employment Attorney
Challenging your employer to recover unpaid wages can be an emotionally and time-consuming process. A knowledgeable employment lawyer can make it much less stressful. Here’s what an attorney can do for you:
- Review your pay stubs and calculate how much money you are owed
- Collect evidence from the employer (e.g., payroll records and time records)
- File a wage claim with the California Labor Commissioner or file a lawsuit
- Negotiate a settlement that includes your wages, penalties, and attorneys’ fees
- Represent you if your employer retaliates against you
Most wage and hour lawyers work on contingency fees, meaning you pay no up-front fee and only pay if they recover money for you.
Get Back All the Money You’re Owed — We’re Available To Discuss Your Situation
Unpaid wages hurt more than just your bank account. They can cause financial, physical, and emotional distress. California law requires that you get every dollar that you earn, and the state provides various legal mechanisms to enforce your rights. If you suspect that you have been shorted or that other payroll mistakes have been made, document your pay immediately and talk to an employment lawyer as soon as possible. Recovering your unpaid wages is not just about fairness. It’s about restoring your financial stability and peace of mind.
