Unpaid Wages for Arizona Employees
If you left your last job without receiving your full compensation, your former employer may be facing major consequences under federal and state law. When a worker either quits or is fired for just cause, his or her employer is required to pay their prior employee their earned wages. This includes full wages, bonuses, commissions and anything else that was agreed upon during the course of a worker’s employment. If an employer fails to pay an employee their full compensation, the employee has a legal claim for damages against the employer. There are two ways for an employee to recover their unpaid wages; they can bring a lawsuit in court or they file an administrative claim with the state’s labor department.
Federal and State Laws for Unpaid Wages
If your claim includes violations of the FLSA (Fair Labor Standards Act), you are entitled to file a Wage Claim with the US Department of Labor's Wage and Hour Division. It’s recommended that your claim be filed well before the two-year statute of limitations expires. If the amount claimed does not exceed $5,000, you can file a Wage Claim form with the Industrial Commission of Arizona.
Filing a Wage Claim with the Industrial Commission of Arizona requires:
Filing complete Wage Claim form;
Claiming an amount no greater than $5,000;
Filing a claim within one year from the date of accrual;
Including any documents relevant to your complaint with your complaint form;
Notifying the Department if you move/change addresses while your claim is being investigated; and
If claiming overtime hours, demonstrating that the employer has a history of paying you overtime wages
Of particular importance to the success of a case is the deadline for filing a claim. As stated above, a Wage Claim form must be filed within one year from the date of accrual. If it is not, the Department will not be able to investigate your claim.
Unpaid Wages May Include
Depending on a company’s policies and practices, unpaid wages may include:
· Lack of compensation for hours worked;
· Vacation pay;
· Severance pay;
· Bonus pay;
· Paid time off;
· NSF checks; and
· Unauthorized deductions.
Compensation for Unpaid Wages
If an employer fails to pay you what you’re owed in bad faith, you may be eligible for compensation in the amount of three times the total amount of your unpaid wages, vacation days, bonuses or severance pay. You may also be able to recover your attorneys’ fees.
Remember, you have two years to file a claim with the US Department of Labor’s Wage and Hour Division and one year to file a claim with the Industrial Commission of Arizona. If an employer has failed to pay you properly, contact The Tyler Allen Law Firm quickly and we can help you determine if you have a case. Contact the Tyler Allen law firm today by filling out the form on this page or calling us at (602) 456-0545. We can help.