Sue Employer for Unpaid Wages in Tennessee

Yes, as an employee in Tennessee, you are legally allowed to sue your employer for not paying you earned wages. In Tennessee, not paying you correctly can include any situation where an employer fails to pay an employee the wages, salary, or benefits they are entitled to. Examples of not being paid correctly can include:

• Unpaid Wages: Not paying employees for hours worked, including failure to pay overtime pay or correctly calculate overtime pay
• Denied Benefits: Failing to provide promised benefits such as vacation pay, health insurance, or retirement contributions
• Minimum Wage Violations: Paying less than the minimum wage, as required by law
• Misclassification: Misclassifying employees as independent contractors in an attempt to avoid paying benefits or overtime pay

In Tennessee, wage theft may occur in various scenarios, including:

• Unpaid Overtime: Employers who do not pay employees the required overtime rate for hours worked beyond the standard 40-hour workweek
• Off-the-Clock Work: Employers that require or allow employees to work without compensation during breaks, after their shift has ended, or before their shift begins
• Illegal Deductions: Employers that make unlawful deductions from an employee’s paycheck for reasons not permitted by law
• Misclassification: Employers who misclassify employees as independent contractors to avoid paying minimum wage, overtime, and benefits
• Minimum Wage Violations: Employers who pay employees less than the state or federal minimum wage
• Unauthorized Withholding: Employers who withhold wages or benefits without the employee’s consent or for reasons not allowed by law

In any of the above situations, an employee may initiate an unpaid wages lawsuit under Tennessee labor laws in order to recover the amount that they have been damaged. Employees also have other legal avenues for recourse outside of filing a civil lawsuit.

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

The statute for unpaid wages in Tennessee is covered under the Tennessee Wage Regulation Act (“TNWRA”), which is administered by the Division of Labor Standards within the Tennessee Department of Labor and Workforce Development.

That act outlines the rules employers must follow regarding wages earned by their workers, including the requirement to pay employees their final paycheck within a certain timeframe and at least once per month.

In general, if your employer has failed to timely pay you in Tennessee, you should do the following:

• Keep Detailed Records: Maintain accurate records of your hours worked, pay stubs, and any communications with your employer regarding wages
• Communicate with Your Employer: You should always first try to resolve the issue amicably by discussing the unpaid wages with your employer and providing evidence of the work performed
  • Typically, this is done by contacting your human resources department or manager
• File a Wage Claim: Under Tennessee employment laws, if your employer doesn’t respond to your request for payment or refuses to pay you, you can then file a wage claim with the Tennessee Department of Labor and Workforce Development’s Division of Labor Standards
  • Importantly, you will need to provide information such as the amount owed, your employer’s details, and any supporting documentation
• Consider Legal Action: Finally, you can also pursue legal action by filing a civil lawsuit in small claims court or seeking assistance from a labor attorney for cases involving a more significant amount of money

The statute of limitations for filing a claim for unpaid wages in Tennessee is one year from the date the wages were due. It’s important to act promptly, as waiting to file your claim beyond that period may result in losing your right to recover any unpaid wages.

How Do I File an Unpaid Wages Complaint?

Filing a wage and hour claim in Tennessee requires you to follow certain legal procedures. The legal procedures are as follows:

• Gather Evidence: First, you should collect all relevant documents, such as pay stubs, timesheets, and any correspondence with your employer regarding your wages and hours worked
• Complete the Wage Claim Form: Next, you need to obtain and fill out the wage claim form from the Tennessee Department of Labor and Workforce Development’s Division of Labor Standards
  • That form requires detailed information about your employment, wages owed, and your employer
• Submit the Claim: You then must submit the completed wage claim form along with your supporting documentation to the Division of Labor Standards
  • This can be done online, by mail, or in person
• Investigation: The Division of Labor Standards will then review your claim and may contact your employer for additional information
• Resolution: If the investigation finds that you are owed wages, the Division of Labor Standards will work to resolve the issue with your employer
  • This could result in your employer paying the back wages owed, but if the employer disputes the claim, further legal action may be necessary
• Legal Action: If the issue is not resolved through the Division of Labor Standards, you may consider filing a lawsuit in small claims court or seeking assistance from a labor attorney to pursue your claim

In addition to the above method, you may also hire an attorney to file an unpaid wages lawsuit against your employer in civil court. Unpaid wage civil lawsuits in Tennessee can be filed in different courts depending on the amount you are alleging you are owed:

• Small Claims Court: For claims up to $25,000, you can file in small claims court, which is designed for simpler cases and can often resolve matters more quickly
• General Sessions Court: For larger amounts, you may need to file in general sessions court, which handles more complex cases and can award higher amounts

How Much Can I Sue for Unpaid Wages?

In Tennessee, 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. However, the amount you can sue for will be capped by the court you file in.

In small claims court, you can sue for up to $25,000, as that court is designed for simpler cases and can resolve matters more quickly. In general sessions court you can sue for more than $25,000.

What Are the Legal Consequences and Remedies for Unpaid Wages?

Withholding salary and other wage infractions are illegal in Tennessee and may result in severe legal consequences. Legal consequences for employers include:

• Civil Penalties: Employers who violate wage laws may face civil penalties
  • For example, under the Tennessee Wage Regulation Act, employers can be fined up to $100 for each violation
• Liquidated Damages: If an employer knowingly violates wage laws, they may be liable for up to three times the amount of unpaid wages as liquidated damages
• Attorney’s Fees and Costs: Employers may also be required to pay the employee’s attorney’s fees and court costs if the employee wins the case

Remedies for employees for unpaid wages include:

• Recovery of Unpaid Wages: Employees can recover the full amount of unpaid wages owed to them
• Liquidated Damages: In cases of willful violations, employees may be entitled to additional compensation, up to three times the amount of unpaid wages
• Attorney’s Fees and Costs: If the employee prevails in court, the employer may be required to cover attorney’s fees and court costs
• Reinstatement: Employees may request to be rehired in their previous position, regain lost benefits, and restore their seniority rights

How Can I Prove an Unpaid Wages Claim?

In order to an unpaid wages claim in Tennessee, you will need to present sufficient evidence of unpaid wages, including evidence such as:

• Pay Stubs: Copies of your pay stubs showing the hours worked and wages received
• Timesheets: Records of the hours you worked, including any overtime
• Employment Contract: A copy of your employment contract or agreement outlining your wage rate and terms of your employment
• Bank Statements: Statements showing direct deposits from your employer to you
• Emails and Communications: Any correspondence with your employer discussing wages, hours worked, or wage disputes
• Witness Statements: Statements from coworkers or supervisors who can verify your hours worked and wages owed

Collecting all of the above evidence will help you build a strong case to support your claim for unpaid wages. Consulting with a local Tennessee 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 federal or Tennessee wage laws, you should first contact your human resources department or direct manager 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 federal or state department responsible for enforcing the wage laws in your area.

If the federal or state departments are unable to assist in recovering your lost wages, then it is in your best interests to consult an experienced Tennessee 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, they will be able to draft your civil lawsuit and can also represent you in court, as needed.