Unpaid Wages: Get Your Money!
You work hard for your money so make sure you receive every penny to which you are entitled. Do not let a supervisor or employer persuade or intimidate you into “just letting it go.” North Carolina law protects workers who have earned wages but have not been paid in a correct and timely manner. You may recover full compensation for unpaid wages plus up to 100% of the amount for the unpaid wages (in other words, double wage damages). The employer would be required to pay your attorney’s fees if you win your case. And the court may award civil penalties for each willful violation. While the “look-back” period for recovering unpaid wages is generally two years note this period is extended to three years for “willful” violations.
If you have performed work and have been underpaid or not paid at all, be sure to document your losses. Create a list of the following:
- Dates of all work performed;
- Type(s) of work performed;
- Places (address or city) at which the work was performed;
- Number of hours worked.
Additionally be sure to gather your prior pay stubs, W-2 forms, 1099 forms, and all other records that can serve as evidence for your claims. The wage and hour laws require that employers keep accurate records of the actual time employees spend working but realize you may not be able to rely upon these records in proving your case. It is NEVER a good idea to plan on proving your case through the opposing party’s evidence.
If you have questions about your rights or desire legal representation in recovering your hard-earned money, contact Attorney John O’Neal of the O’Neal Law Office.