Ferraro Vega Employment Lawyers supports Washington workers whose rights have been violated. Whether you work in Tacoma or elsewhere in Washington, you could face unfair employment practices, including issues with your pay. Unpaid wage claims can vary, but our skilled team is here to guide you through the process. Don’t hesitate–contact us today for a free consultation to talk about your claim.
Do You Need to Get a Lawyer For Unpaid Wages?
Washington might have clear laws that give you the right to fair pay–covering things like overtime pay, minimum wage, timely final paychecks, meal and rest breaks, and other protections. But, if your employer doesn’t follow these rules, you have legal options to recover your unpaid wages and any related losses.
That said, whether or not you need a lawyer depends on the situation. There’s a chance you can go to your employer directly and solve the issue internally. Most of the time, though, unpaid wages aren’t isolated incidents and are indicative of bigger problems. At that point, working with our team can be beneficial. Here’s how we can help you:
- Explaining how the law works and what your options are
- Helping you gather evidence and documentation
- Negotiating with your employer for a solution
- Filing a lawsuit, if necessary
You don’t have to face an unpaid wages claim alone. Although the law is on your side, the process can be stressful. Our team is here to support you and your family while holding your employer accountable and making sure you get the unpaid wages you’ve missed.
What Does Unpaid Wages Mean?
It might seem like unpaid wages are pretty straightforward, and in a lot of ways, they are. As a worker in Tacoma (or anywhere else in Washington), you have the legal right to certain protections when it comes to your pay. But as you might expect, your employer might not always follow the law. This leads to many different situations where you aren’t paid correctly, usually involving scenarios like:
- Not paying you for travel time – If you have to travel for work between job sites or during your shift, your employer must pay you for that travel time. If they don’t, that’s unpaid work.
- Not paying minimum wage or overtime – Employers in Tacoma must pay at least the state minimum wage and overtime for hours worked over 40 in a week. Some employers try to avoid this by misclassifying you or not recording your hours correctly, which results in unpaid wages.
- Failing to pay you on time – When you leave your job, your employer must pay you your final paycheck on time–currently, it’s set at your next regularly scheduled payday. If they delay it, they are breaking the law, which can create financial problems for you.
- Working through lunch or rest breaks – In Tacoma, employees are entitled to meal and rest breaks. If you are forced to work through these breaks without pay, that’s illegal. You should be paid for any break time you miss.
These issues can lead to a lot of lost wages and stress. If your employer is not paying you properly, you have the right to take action and get the wages you’re owed. In order to do that, though, you need to think about how you can provide proof.
How Can You Prove Unpaid Wages?
When your employment rights are violated at work, it can be pretty intimidating. This is true whether you’re facing harassment, a hostile work environment, or aren’t being paid correctly. But when you want to take action, you have to actually make a claim–and that means proving things. Thankfully, this is pretty simple with unpaid wages. Here’s how you can show what happened:
- Paystubs – These show how much you’ve been paid and can help identify if something is missing or incorrect.
- Schedules or timesheets – Keep track of the hours you’ve worked, especially if you’re hourly or worked overtime.
- Bank records – If your employer gave you checks that didn’t clear, keep copies as proof. You can also provide bank statements to show what you were paid.
- Written communications – Save any emails, texts, or notices from your employer regarding pay issues or unpaid work.
Getting paid correctly and on time is a basic right in Washington, and it’s unfortunate to have to go through a situation where your employer doesn’t take that seriously. Fortunately, there’s options at your disposal to fix the issue.
What Are Your Options If You Have Unpaid Wages?
If you’re facing unpaid wages in Washington, you have a few options for taking action against your employer. These options include both administrative and legal steps. Here’s what you can do:
- File an L&I Claim – The first step is often filing a claim with the Washington State Department of Labor & Industries (L&I). This agency is in charge of enforcing wage laws and investigating wage theft. You’ll provide any evidence you have, and L&I will look into the situation. If they find your employer owes you money, they can fine your employer and order them to pay your unpaid wages.
- File a Lawsuit – Another option is to take your case to civil court. This is where you formally ask the court to help you recover damages, like:
- Unpaid wages – The amount of money you are owed for hours worked but not paid.
Overtime pay – If you worked overtime and weren’t paid the correct rate, you can recover those wages.
Liquidated damages – In some cases, you may be entitled to double the amount of unpaid wages as liquidated damages.
Attorney fees – If you win your case, your employer may be required to pay your legal fees.
- Emotional distress – In some cases, if the violation caused significant emotional harm, you might be able to recover financial support relating to this loss.
- Unpaid wages – The amount of money you are owed for hours worked but not paid.
With any action, you have to meet Washington’s “statute of limitations.” This is simply the deadline by which you have to actually file your claim. Currently, you have three years from the date of the last violation to file.
How Do Different Workers in Tacoma Face Unpaid Wages?
Certain workers in Tacoma are more likely to experience unpaid wages due to the nature of their jobs. Here’s how it typically happens for different industries:
- Retail and service workers – Workers in stores, restaurants, and service businesses often face unpaid wages because they’re asked to work off the clock, skip their breaks, or perform extra duties without being paid.
- Construction workers – Construction employees are commonly unpaid for waiting between jobs, traveling between job sites, or working beyond regular hours without extra pay. These tasks are sometimes overlooked when calculating their wages.
- Healthcare workers – Nurses, aides, and healthcare staff can experience unpaid wages when they work through meal breaks or are expected to attend meetings or training outside their shifts without being paid.
- Warehouse workers – Workers handling inventory and shipments often do unpaid tasks before or after their scheduled shifts, such as setting up, cleaning, or preparing equipment, and aren’t paid for that time.
- Temporary and seasonal workers – Temporary or seasonal employees may not get paid for all their hours because they’re often misclassified or not paid for things like orientation or waiting for assignments.
These situations highlight how workers in specific fields may be more prone to unpaid wages. If you’re in one of these roles, it’s important to recognize the signs of wage theft and know your rights to take action.
Frequently Asked Questions
What damages can you get in an unpaid wage claim in Tacoma?
When you file a claim, you can get the wages you should’ve been paid, along with liquidated damages.
Do you need a lawyer to file a claim?
No. You can file an administrative claim with the Department of Labor & Industry, which could take care of the issue. However, having our team on your side can protect your rights and support your claim.
Does it matter what job I have?
Usually no. Every worker in Washington has a right to be paid correctly. However, this could change if you’re a salaried worker or in a management position. You may still have options in that situation, though, and our team can explain them to you.
Work With Experienced Tacoma Employment Lawyers
At Ferraro Vega, our team of experienced Tacoma employment lawyers understands how challenging it can be when you’re not paid correctly. We’ll fight to get you the wages you were denied and make sure you and the rest of your coworkers won’t face those conditions again. Contact us today to schedule a free consultation and learn how we can help you.
