As a Florida worker, you have the legal right to be paid for work you have performed. Both federal and Florida labor laws detail these rights and provide procedures to recover unpaid wages. In addition to recovering these wages, you can may be entitled to liquidated damages, court costs and attorney fees.
There are a number of reasons why you may have an unpaid wages claim and the most common are:
- You were not paid the legal minimum wage rate;
- You did not receive a final paycheck after leaving your job;
- You were required to work through breaks;
- You were not compensated for earned vacation time;
- You were not paid earned bonuses; and
- You were not paid earned commissions.
Recourse Options and Statutes of Limitations
If you have a claim for unpaid wages, you should work with an employment discrimination attorney to help you select the best options to recoup unpaid wages. These options include:
- Filing a federal complaint with the US Department of Labor’s Wage and Hour Division. A claim must be filed within two years from the date that the claim arose or three years if the employer’s violation is willful.
- Filing a complaint with the Florida Department of Labor and Employment Security for issues related solely to minimum wage. A claim must be filed within two years from the date that the claim arose.
- File a civil lawsuit against the employer. A claim must be filed within two, four or five years, depending on the law that you are filing under.
You may have a claim for both unpaid wages and discrimination. An attorney can help determine your options and file the appropriate claims.
In both federal and state courts, if you win your case you may be entitled to more than just your back wages. Compensation can include:
- Liquidated damages in an amount equal to the unpaid wages you are owed.
- Attorney Fees
- Court Costs
You have a right to be paid what you are owed for work you have performed. Accurately filing a claim, preparing documents for court, and taking the case through to resolution can be overwhelming. Don’t try to do this all yourself. Instead, call Printy & Printy for a free consultation to learn about your rights and options.