By Weisberg Cummings, P.C. on July 17th, 2024
Many of our clients come to us with the claim, “My employer is not paying me.” Unfortunately, some terminated employees never receive their final paychecks or severance pay. Losing your job is stressful enough, and you should not have to wonder whether you will receive your final check.
So what happens when an employer doesn’t pay you? You deserve experienced legal representation if your employer withholds wages owed. At Weisberg Cummings, P.C., we fight for our Pennsylvania clients, representing them in employment disputes.
How Does the PAWPCL Protect Your Rights as an Employee?
If your employer withholds your pay in Pennsylvania, the Pennsylvania Wage Payment and Collection Law can help you recover earned wages your employer withheld. Depending on your employment agreement and the specifics of your situation, these may include:
- Severance pay
- Unpaid wages
- Bonuses and commissions
- Paid time off you accrued but did not use
- Health insurance and other benefits
Speak with an employment lawyer if you are uncertain about the language in your agreement. They can answer your questions or clarify details you might have overlooked.
Under the PAWPCL, all employers must inform employees about compensation and benefits upon hiring. The law also requires employers to pay their staff regularly. You should have a designated, dependable payday, and your employer cannot change this day without proper notice. Regardless of whether you are still employed, have quit or been fired, your employer may violate the law by failing to pay you on the correct day.
Your employer cannot legally withhold your pay after letting you go. Regardless of the reason for your termination, you still have the right to receive the payments owed to you.
What to Do if Your Boss Doesn’t Pay You What They Owe You
Beyond the PAWPCL, you may be able to recover what your employer owes you by contacting an employment lawyer.
1. Talk to Your Boss
The first step to recovering unpaid wages is to ask your employer. Maybe they made a simple mistake they can rectify by paying you immediately. Document any discussions with a follow-up email and contact HR or accounting if necessary.
2. Hire a Lawyer
Contact an employment lawyer if informal requests don’t succeed. Certified letters from an attorney may be enough to convince your employer to pay you. If you need more help, a lawyer can guide you through legal proceedings, ensure you know your rights, negotiate a settlement or represent you in court.
3. Report Unpaid Wages
If you believe you are a victim of wage theft, you can file a complaint and report your unpaid wages to the U.S. Department of Labor’s Wage and Hour Division. When you do so, include information about your pay, job title, hours and other information from your pay stubs.
If you choose, you can also pursue your case at the state level with state labor resources. In Pennsylvania, you can file a complaint online with the Bureau of Labor Law Compliance.
Alternatively, you can pursue a private lawsuit against your employer. In some states, an employee can file a wage theft claim in small claims court if the amount does not exceed the limit set by the jurisdiction.
4. File a Lawsuit
If your attempts to negotiate with your employer don’t yield results, you may want to file a lawsuit. It’s best to file as soon as possible. The sooner you bring the suit, the sooner you can recover lost wages.
Pennsylvania law limits how long you can wait to file a lawsuit to recover lost wages. When an employer terminates you from your job, they can wait until your next typical payday to pay what they owe you, including your severance pay. If you do not get paid on time, you only have a couple of years to bring a suit. Additionally, employers must only keep employment records for three years, so the longer you wait, the more challenging it will be to investigate your claim.
Frequently Asked Questions
Here are answers to some typical questions about what your employer can and cannot do when paying you for your work:
What Are My Rights if My Employer Doesn’t Pay Me?
When an employer withholds pay, they may face penalties, such as a civil suit. You may want to sue if your boss doesn’t pay you what they owe. “Employer” can refer to the company or organization you work for and the owners and/or supervisor who chose not to pay you. If you sue, a judge may hold both entities responsible.
If your case is successful, you may recover the full wages and payments your employer owes, plus a percentage of liquidated damages as well as interest. These kick in if your employer does not pay your wages within 30 days after your regular payday. Additionally, you may get reimbursed for your attorney fees.
Can My Employer Withhold My Paycheck if I Quit?
Your employer cannot withhold your pay if you quit or are fired. When you leave your job for any reason, the law entitles you to receive your final wages on time. Typically, you should receive your wages within the next pay period. Even if you quit, your employer must keep careful records of your hours and wages so they can pay you in full.
An issue can arise if you leave your job but keep company property. You must understand your rights in this case. An attorney can provide more information about the specifics of your situation.
Can My Employer Deduct My Pay for Shortages, Mistakes or Damages?
Under Pennsylvania law, employers can only make deductions that are convenient for employees, such as taxes, insurance premiums or retirement plans. They may not withhold pay punitively. Your employer must have your permission to withhold your wages for any reason except taxes and federal programs.
Can My Employer Withhold Overtime Pay if I Earn a Salary?
Generally, the law entitles employees who work more than 40 hours per week to overtime pay, whether they receive a salary or an hourly wage. The federal Fair Labor Standards Act allows exceptions for people who make a minimum specified amount as an annual salary and meet the criteria for executive, administrative or professional exemption. Job title and description alone aren’t enough to qualify for exemption, even if your employer says you’re exempt.
Pennsylvania’s Minimum Wage Act also covers overtime pay. In some cases, Pennsylvania laws allow overtime pay at lower thresholds than federal laws. When federal and state laws differ, employers must follow the law that benefits employees the most.
Reach out to an Experienced Employment Attorney
Contact an experienced employment attorney in Pennsylvania if your employer will not pay you. A lawyer from Weisberg Cummings, P.C., can do more than mediate your unpaid wages dispute. Our team will provide a realistic, honest assessment of your case and what to expect.
Being in a wage dispute may shake your confidence. Some of our clients fear retaliation at work or unlawful termination. These worries may hold you back from pursuing your case, and you may even wonder whether you should accept the loss and forfeit your wages to keep your job.
Using the PAWPCL, we have helped many employees recover the money their employers owe. We can guide you through this challenging time and reassure you that you are on the right path. You deserve to get paid for your work, and we can help you develop a plan for how to proceed. Your lawyer will advocate for your rights, advise you about all your options and keep your well-being in mind throughout the process.
Schedule a Free Consultation
At Weisberg Cummings, P.C., our employment lawyers assist individuals and families throughout Pennsylvania. At our Harrisburg office, we provide personalized, thoughtful service that will help you get the results you deserve. We return emails and phone calls promptly, and we will take the time to thoroughly understand your unique goals and circumstances.
We work to protect our clients’ interests and legal rights and provide representation in various legal matters. If your employer refuses to pay wages, contact us at Weisberg Cummings, P.C., to schedule a complimentary consultation with one of our employment lawyers.
