Sue Employer for Unpaid Wages in Alabama

Yes, you are legally allowed to sue your employer in Alabama for not paying you your earned wages. In Alabama, not paying you correctly can include several violations by an employer, such as:

• Unpaid Wages: Failure to pay you for all hours worked, including regular and overtime hours
• Incorrect Overtime Pay: Not paying you the correct overtime rate, generally one and a half times the regular rate, for hours worked over 40 in a single work week
• Minimum Wage Violations: Paying you less than the federal minimum wage, which is currently $7.25 per hour
• Illegal Deductions: Making unauthorized deductions from your paycheck, such as for uniforms, cash shortages, or equipment
• Final Paycheck: Failing to provide you with a final paycheck within the required time frame after you leave or were terminated
• Misclassification: Misclassifying you as exempt from overtime or as independent contractors to avoid paying proper wages
• Unpaid Breaks: Not compensating you for short breaks, typically 5 to 20 minutes, which should be paid

If you believe that your employer has not paid you correctly, you can file a complaint with the Alabama Department of Labor or consider legal action to recover your unpaid wages. In fact, in any of the above situations, an employee may initiate an unpaid wages lawsuit under Alabama labor laws.

What Should I Do if My Employer Has Not Paid Me?

Employees in Alabama are protected under federal laws, particularly the Fair Labor Standards Act (“FLSA”), which sets standards for minimum wage, overtime pay, and other wage-related issues. The FLSA requires employers to:

• Pay employees at least the federal minimum wage
• Provide overtime pay at a rate of one and a half times the regular rate for hours worked over 40 in a workweek
• Maintain accurate records of employees’ hours and wages

If your employer has not paid you correctly in Alabama, you should consider taking the following steps to address the issue:

• Review Your Employment Records: It is important to check your pay stubs, employment contract, and any other documentation to ensure you have all the facts straight prior to pursuing a claim against your employer
• Communicate with Your Employer: Sometimes, your wage issue can be resolved by talking directly to your employer and giving them a chance to correct the mistake
• Keep Records: Maintaining detailed records of your hours worked, wages earned, and any communications with your employer regarding the payment issue is important
• File a Wage Claim: If the issue is not resolved, you can file a wage claim with the Alabama Department of Labor
  • Doing so is free, and the department will investigate your claim and contact your employer to attempt a resolution
• Send a Demand Letter: You can send a written demand letter to your employer requesting your unpaid wages
  • You should be sure to include an outline of the amount you are owed and request payment by a specific date
• Consult an Attorney: If your wage issue persists, you should consider consulting an employment attorney who handles wage and hour laws
• File a Lawsuit: If necessary, you can also file a lawsuit in Small Claims Court if the amount is less than $3,000, or in Civil District Court if the amount is larger than that
  • It is important to note that you may also be able to recover court costs and attorney’s fees if you win your wage case

It is important to note that the statute of limitations for filing a claim for unpaid wages in Alabama is two years. However, if the violations are found to be willful, the statute of limitations can extend to three years.

This means that you have three years from the date of the unpaid wages in order to initiate a lawsuit against the employer. Any claims brought after that date may be dismissed for failure to meet the statute of limitations.

How Do I File an Unpaid Wages Complaint?

Filing a wage and hour claim in Alabama requires you to follow certain legal procedures:

• Gather Information: First, you should collect all relevant information, including pay stubs, employment records, and any communication with your employer regarding unpaid wages
• Contact Your Employer: Then you should attempt to resolve the issue directly by speaking with your employer
• File a Wage Claim with the Alabama Department of Labor: If your employer does not resolve your wage issue, you can file a wage claim with the Alabama Department of Labor
• File a Complaint with the U.S. Department of Labor’s Wage and Hour Division (“WHD”): You can then file a complaint with the WHD, which enforces federal wage and hour laws.
• Consult an Attorney: If necessary, you can also consult and hire an employment attorney with experience in wage and hour laws who can initiate a civil lawsuit to recover your unpaid wages

How Much Can I Sue for Unpaid Wages?

In Alabama, the amount you can sue for unpaid wages depends on the court where you file your claim:

• Small Claims Court: If your claim is $3,000 or less, you can file in Small Claims Court
• District Court: If your claim is more than $3,000 but less than $6,000, you can file your wage lawsuit in the District Court’s Small Claims Division
• Civil District Court: For claims that exceed $6,000, you would need to file in the Civil District Court, which is the court that handles larger claims and follows more formal civil procedures

It is important to note that there isn’t a specific maximum amount you can sue for unpaid wages. This means that you can sue for any amount of unpaid wages you are owed. Your lawsuit can include claims for back pay, overtime, or other benefits.

What Are the Legal Consequences and Remedies for Unpaid Wages?

Once again, withholding salary and other wage infractions is illegal in Alabama and may result in severe legal consequences. These legal consequences can include:

• Back Pay: Employers may be required to pay the difference between what the employee was paid and what they should have been paid
• Liquidated Damages: In cases of willful violations, employers may be required to pay an additional amount equal to the back pay
• Attorney’s Fees and Court Costs: If you win your wage case, you may be able to recover attorney’s fees and court costs
• Injunctions: The court may also issue an injunction to prevent your employer from continuing to violate wage laws
• Criminal Penalties: In extreme cases, employers may face criminal penalties for serious violations of wage laws

In most cases, the damages award issued by the court is enough to help the employee recover the losses incurred by the employer’s wage violation. Examples of common remedies in unpaid wages claims include:

• Filing a Wage Claim: Employees are allowed to file a wage claim with the Alabama Department of Labor or the U.S. Department of Labor’s Wage and Hour Division.
• Private Lawsuit: Employees can also file a private lawsuit to recover unpaid wages, liquidated damages, attorney’s fees, and court costs.

How Can I Prove an Unpaid Wages Claim?

In order to file a successful unpaid wages claim in Alabama, you’ll need to present sufficient evidence that supports your claim, including:

• Pay Stubs: Detailed records of your earnings, which demonstrate the discrepancies between the hours worked and the wages paid
• Timesheets or Work Logs: Documents showing the hours you worked, especially if they differ from what was reported on your pay stubs
• Employment Contract: Your employment agreement or contract, which outlines your agreed-upon wages and payment schedule
• Bank Statements: Evidence of any direct deposits or other payment methods that show discrepancies in your wages
• Written Communication: Emails, texts, or other written communication with your supervisor or employer regarding your wages and any wage complaints you’ve made
• Witness Statements: Testimony from co-workers or other witnesses who can confirm your work hours and unpaid wages
• Personnel Records: Any additional employment records that can help corroborate your claims, such as job descriptions, performance reviews, and attendance records

Collecting all of the above evidence will help you to build a strong case to support your claim for unpaid wages. Consulting with a local Alabama lawyer is also recommended, as they can help you gather such evidence and provide you guidance on the best way to present your evidence in court.

What Kind of Lawyer Do I Need for Unpaid Wages Claims?

If you believe that your employer has violated wage laws and you have not been properly or timely paid, then you should first immediately contact your human resources department to attempt to resolve your issue directly with your employer.

If the human resources department is unable to assist you in recovering your lost wages, you should then contact the department responsible for enforcing the wage laws in your area. If the WHD is unable to assist in recovering your lost wages, then it is in your best interests to consult an experienced Alabama employment attorney.

LegalMatch can assist you in locating and setting up a consultation with an experienced lawyer who handles unpaid wage claims. A lawyer will be able to ensure that you meet all state deadlines for filing your unpaid wage lawsuit and assist you in following all the appropriate procedures to pursue your claim. Finally, an attorney will be able to draft your civil lawsuit and can also represent you at in person court proceedings, as needed.