Can I sue my employer for withholding pay?
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Your situation raises serious concerns under both federal and state wage and hour laws. Under the federal Fair Labor Standards Act (FLSA), employers are legally obligated to pay employees for all hours worked, including any time that qualifies as overtime.
If your employer is knowingly inputting incorrect codes that result in a reduced paycheck, this could constitute wage theft or misclassification—both violations of federal labor law. If the underpayment affects your regular hourly wage or results in unpaid overtime, you may have a valid claim for back wages, liquidated damages (which can double the amount owed), and attorneys’ fees.
Additionally, if this underpayment has persisted for months, you may be entitled to recover wages going back up to two or even three years, depending on whether the employer’s conduct is deemed willful.
State labor laws—such as those enforced by your state’s department of labor or wage and hour division—may provide further protections, including prompt payment requirements, penalties for each instance of late payment, and possibly statutory damages for bad faith wage withholding.
Many states also permit workers to bring a private civil lawsuit against an employer for underpayment, and in some cases, class action status may be available if multiple employees have been similarly affected.
The fact that your employer took ten months to pay part of what was owed and is continuing to underpay you knowingly may also support a claim of bad faith or retaliatory conduct, which can enhance your legal remedies.
To preserve your rights, document every instance of underpayment and correspondence regarding the issue, and consider filing a wage complaint with your state labor agency or pursuing legal action in small claims or civil court, depending on the total amount owed.
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Can I sue the company I work for for withholding money I earned?
I'm sorry to hear about your situation. Have you tried discussing this issue with your employer or HR department?
Yes. It took ten months for them to pay me what was owed, but they are still underpaying me every month.
Can you provide more details about how the company is withholding the money you earned?
They are knowingly entering incorrect codes resulting in less money earned.
Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your underpayment issue.
Yes
Good afternoon and welcome. Please give me a moment to review your question.
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Just so you are aware, this is a legal information-only site. I do not provide representation, and no attorney-client relationship is formed. My answers and comments should not be considered legal advice. It is always best to hire a local attorney to review the specifics of your case to ensure that a proper review is conducted.
Your situation raises serious concerns under both federal and state wage and hour laws. Under the federal Fair Labor Standards Act (FLSA), employers are legally obligated to pay employees for all hours worked, including any time that qualifies as overtime.
If your employer is knowingly inputting incorrect codes that result in a reduced paycheck, this could constitute wage theft or misclassification—both violations of federal labor law. If the underpayment affects your regular hourly wage or results in unpaid overtime, you may have a valid claim for back wages, liquidated damages (which can double the amount owed), and attorneys’ fees.
Additionally, if this underpayment has persisted for months, you may be entitled to recover wages going back up to two or even three years, depending on whether the employer’s conduct is deemed willful.
State labor laws—such as those enforced by your state’s department of labor or wage and hour division—may provide further protections, including prompt payment requirements, penalties for each instance of late payment, and possibly statutory damages for bad faith wage withholding.
Many states also permit workers to bring a private civil lawsuit against an employer for underpayment, and in some cases, class action status may be available if multiple employees have been similarly affected.
The fact that your employer took ten months to pay part of what was owed and is continuing to underpay you knowingly may also support a claim of bad faith or retaliatory conduct, which can enhance your legal remedies.
To preserve your rights, document every instance of underpayment and correspondence regarding the issue, and consider filing a wage complaint with your state labor agency or pursuing legal action in small claims or civil court, depending on the total amount owed.
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Yes.
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