Unpaid Wages? Here's How to Get Your Money (2026)

Employer Won't Pay You? How to Get Your Unpaid Wages

Your Boss Owes You Money. Now What?

You did the work. You showed up. You put in the hours. And your employer just... didn't pay you.

Maybe they're "having cash flow issues." Maybe they cut your last check short. Maybe you quit and they conveniently "forgot" your final paycheck. Whatever the excuse, the result is the same: money you earned is sitting in someone else's pocket.

This happens way more than people realize. The Economic Policy Institute estimates that workers lose billions in stolen wages every single year. Billions. And most of them never see a dime because they assume fighting back means hiring a lawyer, going to court, and spending months in a legal battle they can't afford.

It doesn't have to be that way. Here's how to actually get your unpaid wages back.

Step 1: Figure Out What You're Owed

Before you do anything, get your numbers straight. Pull together:

  • Pay stubs (or screenshots if you have digital access)
  • Your employment contract, offer letter, or any written agreement about pay
  • Time records, shift schedules, or clock-in/clock-out data
  • Text messages, emails, or Slack messages where pay was discussed
  • Bank statements showing when deposits stopped or came in short

Write down exactly how much you're owed and for what time period. Be specific. "They owe me about two weeks" won't cut it. "They owe me $1,847.50 for hours worked between January 6 and January 19, 2026" will.

This documentation becomes your ammunition for everything that follows.

Step 2: Send a Written Demand

Your first move should always be a formal written demand. Not a text. Not a phone call. A real, documented demand that creates a paper trail.

Why? Because most employers who owe you wages aren't evil masterminds. They're disorganized, cash-strapped, or hoping you'll just go away. A formal demand tells them you're not going away.

Your demand should include:

  • The exact amount owed with dates and calculations
  • References to applicable state wage laws (more on that below)
  • A specific deadline to pay (10 to 14 days is standard)
  • A clear statement that you'll pursue legal action if they don't pay

Send it via certified mail so you have proof they received it. This matters if things escalate.

Here's the thing most people don't realize: a formal demand letter resolves roughly 70% of these disputes without ever going to court. Your employer gets the letter, realizes you're serious, and pays up. Done.

PettyLawsuit sends these demand letters (we call them Petty Notices) instantly via certified mail. If the first one doesn't work, the system follows up with phone calls, emails, and a Final Notice on day 10. It doesn't stop until they respond.

Step 3: File a Wage Complaint With Your State

Every state has a labor department or wage division that handles unpaid wage complaints. This is free, and you don't need a lawyer.

The process varies by state, but generally you'll:

  • Fill out a wage claim form (most states have these online now)
  • Attach your documentation (pay stubs, contracts, demand letter)
  • Submit it to your state's Department of Labor or equivalent agency
  • Wait for an investigation (timelines range from a few weeks to several months)

Some key state resources:

  • California: File with the Labor Commissioner (DLSE). California has some of the strongest wage theft protections in the country, including waiting time penalties if your employer is late on a final paycheck.
  • New York: File with the NY Department of Labor. They can recover wages going back six years.
  • Texas: File a Payday Law claim with the Texas Workforce Commission within 180 days.
  • Florida: Florida doesn't have a state labor department for wage claims, so you'll file with the federal DOL or go straight to court.

The federal option is always available too. The U.S. Department of Labor's Wage and Hour Division handles FLSA violations (minimum wage, overtime). Call 1-866-487-9243.

One catch: state labor departments are notoriously slow. If you need your money now, don't wait for them. File the complaint AND pursue other options simultaneously.

Step 4: Take Them to Small Claims Court

If the demand letter didn't work and the state complaint is moving at a snail's pace, small claims court is your best friend.

Small claims is designed for exactly this. You don't need a lawyer. Filing fees are usually $30 to $75. And in most states, you can sue for up to $5,000 to $10,000 (some states go higher).

Here's what you'll need:

  • Your documentation (that evidence you gathered in Step 1)
  • A copy of your demand letter and proof it was delivered
  • The employer's legal name and address (check their business registration)
  • The filing fee (varies by state and amount claimed)

The process is straightforward: file the claim, serve the employer, show up to court, present your evidence, get a judgment. Most wage cases in small claims are pretty clear-cut. You worked, they didn't pay, you have records. Judges see this constantly.

Pro tip: many employers settle between when you file and your court date. The filing itself is often the push they need.

What About Final Paychecks?

If you were fired or quit and never received your final paycheck, you have even more leverage. Most states have specific final paycheck laws with strict deadlines:

  • California: If fired, your employer must pay you immediately. If you quit with 72+ hours notice, they pay on your last day. Miss these deadlines? Waiting time penalties of a full day's pay for each day late, up to 30 days.
  • Colorado: Final pay due immediately upon termination, or within 6 hours of the next business day.
  • New York: Next regular payday after termination.
  • Most other states: Within the next pay period or within a set number of days (usually 3 to 30).

If your employer missed their state's deadline, mention the specific statute in your demand. The penalties alone can add up to more than the original wages owed.

What If Your Employer Is a Small Business or Individual?

Freelancers, gig workers, and people who work for small operations face this constantly. The contractor who paid you for three weeks then ghosted. The restaurant owner who shorted your tips. The family friend who hired you for a project and then "couldn't afford" to pay.

The same rules apply. If there was an agreement to pay you for work (written or verbal), and you performed that work, they owe you. Period.

For verbal agreements, gather whatever evidence you can: text messages discussing the work, photos of the completed job, any witnesses. Courts understand that not every employment relationship has a formal contract.

Common Excuses Employers Use (And Why They Don't Hold Up)

"We're having cash flow problems." Not your problem. You performed the work. Their financial situation doesn't change their legal obligation to pay you.

"You didn't finish the job." You're still owed for the hours you worked. They can't withhold ALL pay because of a dispute about part of the work.

"You were an independent contractor, not an employee." Even independent contractors are owed agreed-upon pay. And if they misclassified you (told you when, where, and how to work), you might actually be an employee with even more protections.

"You signed a waiver/release." Wage waivers are unenforceable in most states. You can't sign away your right to be paid for work you performed.

How Much Can You Actually Recover?

Depending on your state and situation, you might be entitled to more than just the wages owed:

  • Back wages: The amount they owe you
  • Waiting time penalties: Additional daily pay for each day the final check was late (California, for example)
  • Liquidated damages: Some states award double or triple the unpaid amount
  • Court costs and filing fees: The employer usually pays these if you win
  • Attorney fees: If you hire a lawyer (usually for larger amounts)

In some cases, the penalties and damages dwarf the original unpaid amount. That $1,200 your employer owes you could turn into $3,600 or more with penalties.

The Bottom Line: Don't Let It Slide

Wage theft is the most common form of theft in America. Not car theft. Not burglary. Employers stealing from workers.

And most workers do nothing. They complain to friends. They leave angry Glassdoor reviews. They move on and eat the loss.

You don't have to be most workers.

Start with a demand. If that doesn't work, file a complaint and take them to small claims. The system is built for this. You don't need a lawyer. You don't need to spend thousands. You just need to take the first step.

PettyLawsuit helps you send a formal Petty Notice to your employer with certified mail tracking. 70% of cases resolve without ever going to court. If yours doesn't, we can help you file too.

Your employer bet you wouldn't do anything about it. Prove them wrong.