Wage Claim Basics - How to Get More Money

Everyone is entitled to be paid for the work thatemployer or you are not happy with this decision
they have done. If you are an employee youryou may request a rehearing or seek a judicial
employer cannot withhold your pay. If yourreview. If there is no such request the amount
employer has failed to pay you there are a coupleowing becomes immediately due and owing. As
of ways you can go about getting your money.you can see, this is a typical bureaucratic process
You can choose either one but you should knowfiled with lots of paperwork and duplicity.
which makes sense for you.If you wish to avoid the bureaucracy and actually
Your first option is to file a claim with theget more money, your best bet is to go with a
Department of Labor. You can choose this path ifprivate attorney because there are laws that
the dollar amount you are seeking is less than theprotect employees. The bureaucracy will get you
amount set for small claims court, excludingmoney but it won't take care of the damage the
penalties. In Idaho that amount is currentlydelay in pay has caused you. Your pay check is
$5000.00. You have two years to make a claimyour livelihood and when you aren't paid you
for wages. The department will collect all yoursuffer more damage than just not being paid. You
wage claim information and determine if you areget behind on bills, you might not have enough
entitled to unpaid wages and penalties. Penaltiesmoney for food and you are in a real pinch. This
are assessed if employers do not follow statutoryis where a private attorney can really help you.
guidelines as to how and when wages shall beIf you win your wage claim, you are entitled to
paid. Penalties will only be awarded if thecollect attorneys' fees in addition to penalties and
department finds that the wages were withhelddamages. The main benefit of using a private
willfully, arbitrarily and without just cause. Penaltiesattorney is that if you win your wage claim you
of this type, in Idaho, may not exceed $500 percan receive something known as treble damages.
pay period and they go to the Department ofTreble damages are three times the amount of
Labor, not you.the wage claim. So say, for example, you have a
The determination of the Department of Laborwage claim for $1000 in unpaid wages, when you
will become final unless an appeal is filed withinhire a private attorney and win your case you will
fourteen days of the determination. What thisreceive a judgment for the $1000 as well as a
means for you is that if the Department of Laborjudgment for $3000 in treble damages.
determines that the employer wrongfully withheldThe reason you are allowed to collect so much
your wages you will get a judgment in themore when you use a private attorney is
amount of those wages. The employer canbecause the Courts want to send a message to
appeal that decision but must do so within 14all employers that they cannot go around not
days of the determination. If, however, thepaying employees. This option is not open to you
Department determines you aren't owed wageswhen you go through an administrative hearing
you must file an appeal within 14 days in order towith the Department of Labor because the
preserve your right to a review of thegovernment is overburdened and backlogged, so
department's decision. Any appeal with thethe legislature gives you the option of using a
Department of Labor must be in writing andprivate attorney and sending an important
signed. All appeals go before a specially appointedmessage to unpaying employers. Using a private
appeals examiner. The appeals examiner will hearattorney to collect unpaid wages makes sense.
the case and make a determination. If the