How Long Do You Have to File an Unpaid Wages Claim in New York?
If you have unpaid wages owed to you as a New York employee, you have up to six years from the date you were underpaid to file an unpaid wages claim. If you hope to recover the money owed to you without having to navigate a lot of red tape and without long waits, having an Syracuse unpaid wages attorney to help you will be a huge benefit. You need not worry about costs. If your employer is at fault, they must cover your legal fees.
Why is the Timeframe to Claim Unpaid Wages in New York So Long?
You may notice that six years is quite a long time to allow you to claim. This may be because employees are often reluctant to enter disputes with their employers while they are still working for the company.
You probably know that retaliation by employers is illegal, but it is not always so overt that you can easily prove it. As a result, some employees may wait until they have left a company before seeking to claim unpaid wages through legal channels.
Does All the Money You Are Owed Count As Unpaid Wages?
In New York, unpaid wages span a range of payments. According to the Department of Labor (DOL), this includes:
- Not being paid for hours you worked
- Bounced paychecks
- Appropriation of tips
- Unlawful reduction of your pay rate
Along with claims for amounts directly related to wage payments, you can include unpaid wage supplements like holiday pay, shortfalls related to minimum wages, non-payment of overtime, and even non-wage items like work you were required to do during meal breaks.
What Evidence Do You Need To Claim Unpaid Wages in Time?
Your employer may incriminate themselves through their own internal records. They must keep employee files for each worker spanning the entire time they were employees. After they leave, the records must be retained for six years. Once you have appointed a lawyer, they can ask for access to these records on your behalf.
You can also bring your own evidence along. It will allow your lawyer to do a preliminary assessment of your case during your first consultation. Information that may prove useful includes:
- Any employment records you have. Your pay stubs are a prime piece of evidence, as is your employment contract (if you have one)
- Your assessment of how and when your employer failed to pay you the wages owed. Write this down ahead of time so that you can provide a complete picture
- The total amount owed to you linked to the pay periods when underpayment or non-payment occurred
- Any written records of your attempts to recover unpaid wages by claiming them directly from your employer
If you know that several employees were affected, consider asking them to come along. Their evidence may prove useful, and you can all get help at once. If there are enough of you, this may ultimately become a class action lawsuit.
Do You Have Enough Time to Negotiate, or Must You Go to Court?
You have several options, but it may be necessary to go to court. Bearing in mind that there is a time frame to adhere to, there could be enough time to try for an out-of-court settlement first.
You have likely asked your employer for the money they owe you. They refused to pay. However, when they see that you have legal representation, they may think twice about withholding what is owed to you.
If your employer has filed for bankruptcy, you should act quickly. A company is usually a legal entity. This means that its owner is not personally responsible for financial liabilities. You must file your claim before assets are distributed to creditors or you will be left out in the cold.
The process to follow is different from the norm, but Gattuso & Ciotoli, New York employment lawyers, will know how to handle it. It will be reassuring to know that unpaid wages are a priority claim against bankrupt entities – you will be among the first creditors to be paid.