If you are not paid the wages and any vacation pay that you are due under the law, then depending on the laws of your state you could be entitled to it, as well as double or triple that total amount. You could also be entitled to have your attorney’s fees and court costs paid for by your former employer.
If you have had improper deductions from your wages, or are paid under the minimum wage, you could be entitled to get that back if you file a lawsuit prior to the deadline set by your state’s laws for you to file a lawsuit (in other words prior to the running of the ‘statue of limitations’ on the claim).
For example, in Massachusetts, if you are fired and are not given your unpaid wages and any outstanding vacation pay the very day that you are fired, or if you quit and are not given the same before the end of what is the business’ next pay period, you would be entitled to three times the amount of your unpaid wages and any outstanding vacation pay, plus interest for every day that you did not receive those amounts.
This is true provided that you file a lawsuit to recover what you are owed prior to receiving the unpaid funds and interest from your former employer. You would also be entitled to have your attorney’s fees and costs to be paid by your former employer. In Massachusetts, however, you need to file a complaint with the state’s Attorney General’s office prior to filing suit, so that they can investigate, and determine if they want to bring a claim for unpaid wages and interest on your behalf. If they don’t, you can file a lawsuit Pro Se (representing yourself) or with a lawyer.
Other states have similar laws to that of Massachusetts, with some distinctions. In some states, while you can file a lawsuit, you can also file a complaint with the labor board of that state, which will investigate the claim, hold hearings, and then determine if it wants to file suit on your behalf.
If you have been misclassified as exempt from overtime pay, not provided your overtime pay, asked to work ‘under the table’ and off the books, not provided your unpaid wages and any unpaid vacation pay due you after you quit your job or were fired – and the interest for each day that passed where you were not provided with the same – then depending on the laws of your state you could be entitled to those things or three times the total amount, as well as for your attorney’s fees and costs to be paid.
Please contact us as soon as possible to tell us your story and not delay, so that we can do a free and quick review of your potential claim. No one should have to wait unnecessarily beyond the time set by the law of their state for what they are due once they are fired from or quit their job. No one should be victimized or taken advantage of by their employer or former employer.