Can I Sue My Employer
for Not Paying Me?
Yes. Unpaid wages are money you earned. Here are clear steps to chase it, plus filing help for $29.
Wages You Earned Belong to You
If you are asking "can I sue my employer for not paying me," the answer is often yes. Wages you earned belong to you. The law gives workers ways to get that money back.
This applies to unpaid wages, a missing final paycheck, overtime, bonuses, and commissions. This guide walks through the demand letter, the labor board, small claims court, and the proof you need.
Honest note: The state labor board is free to use. It may fit better for large or ongoing violations. Small claims is a strong fit for clear, smaller wage amounts. You can pick the path that fits your case.
What Counts When an Employer Is Not Paying You
Many kinds of pay can be missed. If your employer is not paying you what you earned, one of these likely applies. Each is money you can try to recover.
Unpaid Wages
Regular hours you worked but were never paid for.
Final Paycheck
Pay owed after your last day that the employer held back.
Overtime
Extra pay for hours over the limit your state or federal law sets.
Bonuses and Commissions
Earned bonuses or sales commissions your employer promised.
Step One: Send a Demand Letter
Before you file anything, send a demand letter. It is a clear note that asks for the money you are owed. Many employers pay once they see you are serious and organized.
A strong demand letter lists
- The exact amount you are owed
- The dates and hours the pay covers
- The type of pay, such as wages or commission
- A clear deadline to pay you
- A note that you may file next if they do not pay
PettyLawsuit helps you send a demand letter and prepare small claims court forms for unpaid pay. We are not a law firm and we do not give legal advice.
Labor Board or Small Claims for Not Being Paid
If the letter does not work, you have two main paths. Both can help when your employer is not paying you. Pick the one that fits your case.
State Labor Board
- Free to file a wage claim
- Good for large or ongoing violations
- Handles the process for you
- May take longer to resolve
Small Claims Court
- Best for clear, smaller amounts
- You do not need a lawyer
- You present your own proof
- Limits run about $2,500 to $25,000 by state
Evidence You Need for a Wage Claim
Proof is what wins a wage claim. Gather your records before you file. The clearer your paper trail, the stronger your case.
Pay Records
- Pay stubs from past periods
- Your offer letter or contract
- Any written pay rate or commission plan
- Bank records showing missing deposits
Time Records
- Clock-in and clock-out logs
- Your work schedule
- Notes of hours you actually worked
- Overtime hours you were not paid for
Messages
- Texts about your pay or hours
- Emails that promised a bonus
- Chats where a manager set your rate
- Any admission that you were not paid
Late Pay Penalties in Some States
Some states add a penalty when an employer pays your final wages late. This is on top of the wages you are owed. Rules differ, so check your state.
Example: California may add a waiting time penalty of up to 30 days of your wages when final pay is late. Not every state has this. Check your local law to see what may apply to you.
Unpaid Wage FAQs
Can I sue my employer for not paying me?
Yes, you can take action when an employer does not pay you. Unpaid wages, a missing final paycheck, overtime, bonuses, and earned commissions are money claims. Many people start with a demand letter, then use small claims court or the state labor board.
Should I send a demand letter or go to the labor board first?
A demand letter is a good first step for most people. It is fast and often gets a response. The state labor board is free and may fit better for large or ongoing violations. You can also use small claims for clear wage amounts.
What evidence do I need for an unpaid wage claim?
Keep pay stubs, time records, your schedule, your offer letter, and any texts or emails about pay. Save proof of hours worked and rates promised. Clear records make it easier to show what you are owed.
Are there penalties if my employer pays my final wages late?
Some states add penalties for late final pay. For example, California may add up to 30 days of your wages as a waiting time penalty. Rules vary by state, so check your local law to see what may apply.
Chase the Pay You Earned
If your employer is not paying you, PettyLawsuit helps you send a demand letter and prepare your small claims forms for the amount you are owed. Full service is just $29.