It is an unfortunate but not rare occurrence that an employee works her time but when it comes time to cut the employee a check, their employer simply refuses to pay them for their time worked.
What Does An Employer Not Pay Their Employee?
Sometimes the employer does not pay because they do not have the money because their business stopped being profitable, other times the employer does not pay because they took money earned that was due to the employee and converted it into their own money and took it out of the business, and sometimes the employer may not pay because there comes a dispute between the employer and employee, and the employer.
Regardless of the employer’s reason for not paying, put simply – this is illegal.
At times, this refusal to pay only affects one employee and that one employee has a claim that they can file in court to secure these wages owed to them; other times, the refusal to pay affects all employees, and we may be able to help by bringing a mass joinder or class action against the company to address a large scale failure to pay employees wages.
What Are My Rights If My Employer Has Not Paid Me?
The Louisiana Wage Payment Act is a law in Louisiana, La. R.S. 23:631, that covers occasions where an employer does not pay money to its employees.
The act requires that after resignation or termination, all wages due must be paid on or before the next regular payday or no later than 15 days following the date of discharge or resignation, whichever occurs first.
If your attorney does not pay you, you may be able to secure attorney fees and penalties. The act states that if they don’t pay you they:
“shall be liable to the employee either for ninety days wages at the employee’s daily rate of pay, or else for full wages from the time the employee’s demand for payment is made until the employer shall pay or tender the amount of unpaid wages due to such employee, whichever is the lesser amount of penalty wages.”
Further, if the employer does not pay you after a demand for payment, the court can award “reasonable attorney fees” to be paid by the employer.
A “demand” for payment does not have to be an official demand, and some courts have found that just an oral request for payment can suffice.
Should I Hire A Lawyer If My Employer Does Not Pay Me?
The short answer is “yes.” If you have earned wages and your employer has not paid you, it most likely makes sense to hire our New Orleans, LA personal injury lawyer. It is highly unlikely that the employer is going to pay you penalties and attorney fees due to their nonpayment of wages, which you may be owed under Louisiana law, without someone filing a lawsuit in court.
If I Hire A Lawyer After My Employer Failed To Pay Me For Time I Worked, Will It Take Years To Get Paid?
Every case is different, so it would be impossible to put a definitive timeline on your specific wage withholding case; however, these cases usually conclude much quicker than typical cases in litigation due to the Louisiana Wage Payment Act provisions.
If you have been stiffed by your employer for wages you have earned, please give Kiefer and Kiefer a call to see if we can help with your claim. These consultations are always free. For us to give you the best consultation, please have the name of the employer, the location of the employer, the days you worked that have not been paid, including the last day worked, and the wages owed.