By Weisberg Cummings, P.C. on May 11th, 2021
Many of our clients come to us with the claim, “My employer is not paying me.” Unfortunately, in some cases, employees are fired and never receive their final paychecks or severance pay. Getting fired from your job is stressful enough, and you should not have to wonder whether you will receive your final check or not.
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 clients in Pennsylvania who may have an employment dispute.
How Does the PAWPCL Protect Your Rights as an Employee?
In Pennsylvania, if your pay is withheld by your employer, the Pennsylvania Wage Payment and Collection Law (PAWPCL) can help make sure you receive the pay you are owed. Under this law, you can recover your earned wages that your employer withheld. Depending on your employment agreement and the specifics of your situation, this can include:
- Severance pay
- Unpaid wages
- Bonuses and commissions
- Paid time off you accrued but did not use
- Health benefits and any other employment benefits
If you are uncertain about the language in your employment agreement or have questions, you may want to speak with an employment lawyer to get clarification.
Under the PAWPCL, all employers are required to inform employees about compensation and benefits upon hiring. Employers are also obligated to pay their employees on a regular schedule. You should have a designated, regular payday, and your employer is not permitted to change this day without proper notice. If you do not receive your final payment on the correct day, your employer may be violating the law.
This is true regardless of whether you are still employed or have been fired. Your employer cannot legally withhold your pay after you are fired, even if you are fired with cause. You still have the right to receive the payments you are owed.
What to Do if Your Employer Doesn’t Pay You What They Owe You
Beyond the PAWPCL, you may be able to recover what your employer owes you by getting in contact with an employment lawyer.
What Happens if My Employer Did Not Pay Me?
When an employer withholds pay, they may face penalties, such as a civil suit. If your employer fails to pay you what is owed, you may want to sue. “Employer” can refer to both the corporation you work for and the supervisor who chose not to pay you. If you sue, both entities may be held responsible.
If your case is successful, you may be able to recover the full amount of wages and payments you are owed, along with a percentage of liquidated damages. These damages kick in if your wages are not paid within 30 days after your regular payday. Additionally, you may be reimbursed for your attorney fees.
Can My Employer Withhold My Paycheck if I Quit?
Your employer cannot withhold your pay if you quit or you are fired. When you leave your job for any reason, you are entitled to receive your final wages in a timely manner. Typically, you should receive your wages within the next pay period. Even if you quit, your employer must keep careful records of the hours you worked and wages you earned so you can be paid in full.
An issue can arise if you leave your job but keep company property. In this case, it may be useful to be informed about your rights. An attorney can provide more information about the specifics of your situation.
Where to 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 pursue your case at the state level as well with state labor resources. Alternatively, you can pursue a private lawsuit against your employer. In certain 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.
When Should I File a Lawsuit?
You may be limited in how long you can wait to file a lawsuit in Pennsylvania to recover lost wages. When you are fired from your job, your employer can wait until your next typical payday to pay what you are owed, including your severance pay. If you are not paid on time, you only have a few years to bring a suit.
However, you may not want to delay. The sooner you bring the suit, the sooner you can recover what you are owed.
Reach Out to an Experienced Employment Attorney
If your employer will not pay you what you are owed, you may want to reach out to an experienced employment attorney in Pennsylvania. A lawyer can do more for you than mediate your unpaid wages dispute. When you have a lawyer from Weisberg Cummings, P.C. on your side, we will provide a realistic, honest assessment of your case and what to expect.
After being in a wage dispute, your confidence may be shaken. Some of our clients fear retaliation at work or unlawful termination. Your fears may hold you back from pursuing your case, and you may even wonder whether you should accept the loss and give up to ensure you keep your job.
Using the PAWPCL, we have helped many employees recover the pay to which they are entitled. We can guide you through this challenging time and will reassure you that you are on the right path. You deserve to be paid for your work, and we can help you develop a plan for how to proceed. During this time, you may want a strong ally on your side. Your lawyer can give you advice on what your options are and keep your well-being in mind through every step of the process.
Schedule a Free Consultation
At Weisberg Cummings, P.C., our employment lawyers assist individuals and families throughout Pennsylvania. We are based in Harrisburg, and we provide personalized, thoughtful service that will help you get the results you want. We return emails and phone calls promptly, and we will take the time to thoroughly understand your goals and the specifics of your situation.
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 free consultation with one of our employment lawyers.