What happens if my employer doesn’t pay me when my final wages are due?
If you employer willfully fails to pay you when your final paycheck is due, you could be owed a penalty wage in the amount of your hourly wage multiplied by 8 hours for every day your wages are not paid.
If you haven't received your wages, provide your former employer with a written notice of non-payment of your wages after they become due. Your employer will then have 12 days to pay you.
If you don’t give written notice of non-payment, the penalty wage is limited to two-times the amount you are owed.
For example, if your employer owes you $350.00 for your last paycheck, and you didn’t give written notice of non-payment after your wages became due, the penalty wage would be limited to $350.00, meaning you could only recover $700.00 from your employer.
If you are not paid within 12 days from giving written notice, the penalty wage could extend up to 30 days!
For example, if you earned $15.00 per hour, and your employer didn’t provide you with your final paycheck within 30 days from the due date, your employer could owe you a penalty wage in the amount of $3,600.00 ($15 per hour x 8 hours per day x 30 days = $3,600). This would be in addition to the amount you are owed for the hours you haven’t been paid for!
If you have to sue your employer for your unpaid wages, your employer may have to pay your attorney’s fees as well (your attorney will have to send a written demand for payment to your employer before filing a lawsuit).