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Giving notice and filing a lawsuit for withheld wages

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Many Florida residents work in jobs where they make minimum wage. For a significant number of these people, their wage is helping them pay the rent, put food on the table and keep the home heated and cooled. Any gap in payment could send them into financial difficulty. Sometimes this is unavoidable, as when an individual becomes ill. In other instances, however, an employer may wrongfully withhold payment. When this happens, the employee may have legal recourse to recoup the money that is owed.

However, before filing a claim, an employee must give the employer notice of the missing payment. This notice should state the amount of the alleged missed payments, as well as the dates for which payment is owed. At that point, the employer will have 15 days to remedy the situation.

If an employer fails to provide the wages owed, legal action may be necessary. It may be scary for an employee to take an employer to court, but sometimes it is the only way to recover what is owed, render the workplace fair and prevent such abusive actions from occurring again in the future. If a claim is won, wages may be recovered, but so, too, may attorney’s fees.

Proving that an individual is owed wages can take significant and persuasive legal argument. It means gathering and presenting employment documentation, including pay stubs and proof of employment, as well as documentation showing that notice was provided to the employer. Those who find themselves facing wage and hour problems caused by their employer may need to get more information about their individual situation.

Source: Florida State Legislature, “General Labor Regulations,” accessed on Jan. 17, 2016

Tags: Wage and Hour Laws
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