Ferraro Vega Employment Lawyers helps workers in Spokane when they’re facing unpaid wages. No matter what job you have, you don’t just have an expectation that you’ll be paid fairly—you have a legal right to it. So when your employer doesn’t follow through, you have options for getting that pay back. Our team can guide you through the process. Set up a free consultation today.
Should I Get a Lawyer?
When you work in retail in Spokane, you’re going into it with certain expectations. You’re probably prepared for long hours on your feet, moving different kinds of merchandise around your store, and dealing with a whole range of different customers every day.
What you’re not prepared for is unpaid wages. Yet, it happens easily, especially in this kind of environment. At that point, though, you also have options and our team can help you by:
- Reviewing your schedules, pay stubs, and any employment paperwork.
- Explaining what Washington law actually requires your employer to pay.
- Talking with the company directly so you don’t have to.
- Working toward resolving the issue without making your work life more stressful.
In a lot of ways, paying you for all the time you work is the most basic responsibility your employer has. Unfortunately, they often put the company’s bottom line first. And what’s more, they can do this in a lot of different ways.
What Kinds of Unpaid Wages Happen to Retail Workers Like Me?
Given the conditions that you and your coworkers face in retail, it’s not hard to see where the gaps are when it comes to being paid. But at the same time, it comes down to a decision that your employer makes. And here’s how they usually make decisions that lead to unpaid wages:
- Missed overtime. There’s a lot of opportunity for overtime pay in retail, but when you work more than 40 hours in a week, you’re entitled to time and a half. Sometimes, though, your employer won’t give you that extra pay.
- Making you work “off-the-clock”. Retail work sometimes means coming in before your shift to stock shelves, stage a new display, or cleaning up after closing. If your employer makes you do these things but aren’t paying you, that’s illegal.
- Making you work through your lunch or rest breaks. No matter how busy you are, you’re still entitled to meal and rest breaks. If your employer is making you work through these breaks, they have to pay you for that time.
- Not paying you bonuses or commissions. If you’re promised certain bonuses or commissions for hitting goals, your employer has to give them to you. Sometimes, though, they’ll drag their feet or conveniently forget them.
- Labeling you as an independent contractor. This one is incredibly frustrating, because you’re not going to know about it until later. If your employer says you’re an “independent contractor” they don’t have to pay you overtime or other benefits. But if you work full time hours or your job duties are the same as other full time employees, you’re not an independent contractor, no matter what they say.
Again, what all of these situations have in common are that you’re the one left dealing with the fallout. Missed pay here and there quickly adds up, and that hurts your family. And while you have virtually no control over what decisions your employer makes, you do have control over the process that comes next. And that starts with evidence.
What Evidence Should I Look For If I Think I Have Unpaid Wages?
Unlike a lot of employment situations for retail workers, unpaid wages are pretty easy to understand. In fact, you’ll likely feel it before you have documented proof of it happening. Even still, it’s this documentation and paperwork that’s going to be the foundation of your claim. Here’s what you should try to keep track of:
- Pay stubs and direct deposit records that show what you were actually paid.
- Printed schedules, app screenshots, or calendar entries that show when you were supposed to work.
- Timeclock records that show what you actually worked.
- Text messages or emails from managers asking you to stay late, come in early, or handle tasks off the clock.
- Statements or examples of unpaid wages from other coworkers.
While you likely have access to these things, it’s still a lot to try to piece together. Our team can help string these together to make a coherent story if and when you decide to go forward.
What Are My Options For Dealing With Unpaid Wages as a Retail Worker?
When you’re facing unpaid wages, it’s obviously illegal. But many retail workers in your position aren’t eager to hold their employers accountable—even though that’s exactly what needs to happen. Most workers are worried that speaking up about unpaid overtime or other claims will put a target on their back. And while there’s legal protections against that as well, it’s still worth looking into your actual options if you’re not being paid what you’re owed:
- Talking with your employer. You don’t have to go to court right away. Many smaller pay issues or discrepancies can be taken care of by talking directly with your employer. If they promise to make it right, you should think about asking them for written confirmation.
- Filing a claim with the Washington State Department of Labor & Industries (L&I). If talking doesn’t work, this is the first official move you can make. L&I is responsible for enforcing the state’s wage laws, so they’ll step in to investigate your claim. If they find in your favor, they can order payment of what you’re owed and may issue further penalties to your employer. For a lot of retail workers, this route feels more manageable. It happens outside of a courtroom, and sometimes that’s enough to get the issue fixed.
- Filing a lawsuit. Other times, the issues are bigger or the unpaid wages are much higher. If that’s the case, you might want to go straight to a civil lawsuit. It takes more time and effort, and means facing your employer in open court. But it also gives you access to “damages” like:
- Unpaid wages
- Back pay
- Liquidated damages (extra compensation meant to hold the employer accountable)
- Attorney’s fees and court costs
- In some cases, damages for emotional distress
It sounds formal—and it is—but sometimes it’s the clearest path to fixing a serious wage issue. Also, if your coworkers at the store are dealing with the same problem you may be able to move forward together with a class action lawsuit. And no matter what option you decide to go with, our team will be there to support you.
Get Your Unpaid Retail Wages Back in Spokane With Ferraro Vega Employment Lawyers
Across Spokane, retail workers are all over the place. Whether you work in a downtown boutique, big box store, or a small business storefront, you have options when you’re facing unpaid wages. At Ferraro Vega Employment Lawyers, we’ll be there to explain what wages you’re missing and how you can get them back. Set up a free consultation today.
