Document the unpaid wages before you do anything else
The first step is to create a record of what you are owed. Write down the dates you worked, the hours for each day, your hourly rate or salary, and the pay period that should have included this money. If you have pay stubs from previous periods, keep those. If you have text messages, emails, or a written job offer showing your rate, save those too. Take screenshots of anything digital and store copies somewhere outside your workplace — your personal email, a cloud drive, or printed copies at home.
Check your bank account and any payment apps your employer uses. Sometimes money arrives late or goes to an account you do not actively monitor. If your employer uses direct deposit, contact your bank and ask them to confirm whether a deposit was attempted and failed. Get the bank's written explanation if there was a failed transfer — this becomes evidence later.
Look at your most recent pay stub or any written communication from your employer about pay. Some employers state a specific pay date; others say "within X days of the end of the pay period." Write down what your employer promised and when they promised it. This matters because wage laws have deadlines, and you need to know whether your employer has already broken them.
Key Takeaways
- Gather written proof of hours worked, your agreed wage, and the promised pay date before contacting anyone.
- Contact your employer in writing — email or text, not just a conversation — and ask for payment within a specific number of days.
- If your employer does not pay after a written request, file a wage claim with your state's labor department, which is free and does not require a lawyer.
- Your state's wage laws set the deadline for filing a claim, which ranges from one to four years depending on where you work.
- If your employer retaliates against you for reporting unpaid wages, that is illegal under federal and state law.
Contact your employer in writing and set a deadline
Send your employer a message — email is best because it creates a record — stating that you have not received your paycheck and the amount owed. Include the pay period dates and your hourly rate or salary. Ask them to pay you by a specific date, usually five to ten business days from when you send the message. Keep the tone professional and factual, not angry. You are building a paper trail, not venting.
Do not rely on a verbal conversation or a conversation with a coworker. Your employer may claim they never heard the complaint, or that you agreed to wait. A written message — email, text, or a letter you keep a copy of — proves you asked and when you asked.
If your employer responds and gives you a reason for the delay, ask for a new specific pay date. If they say the check is in the mail, ask them to confirm the date it was sent and the expected delivery date. If they say there was a payroll error, ask when it will be corrected. Write down their response.
File a wage claim with your state labor department if payment does not arrive
Every state has a labor department or wage and hour division that handles unpaid wage complaints. This is a free process and you do not need a lawyer. Search online for "[your state] department of labor wage claim" or "[your state] unpaid wages complaint." You will find a form, an online portal, or a phone number to call.
When you file, you will need to provide your name, your employer's name and address, the dates you worked, the amount owed, and copies of any written communication with your employer. Some states let you file online; others require a paper form mailed or delivered in person. A few states have a waiting period — usually 30 days — before you can file, to give your employer time to pay after you have asked in writing. Check your state's rules before you file.
The labor department will contact your employer and ask them to respond. Your employer may pay you at this point to avoid further action. If they do not, the department may hold a hearing where you and your employer each explain your side. You can attend by phone or video in most states. Bring your documentation: pay stubs, your written request for payment, text messages, emails, anything that shows what you worked and what you are owed.
Understand your state's wage laws and filing deadlines
Every state has different rules about how long you have to file a wage claim. Some states give you one year from the date the payment was due; others give you two, three, or four years. If you wait too long, you lose the right to file. Look up your state's deadline as soon as you know you have not been paid. Do not assume you have plenty of time.
Your state's wage laws also determine what you can recover. Most states require your employer to pay the full amount owed plus interest. Some states add penalties — extra money on top of your wages — if your employer intentionally withheld pay or violated wage laws. A few states allow you to recover your attorney's fees if you hire a lawyer, which makes it more likely a lawyer will take your case for free or on contingency.
Federal law also protects you: the Fair Labor Standards Act requires employers to pay at least minimum wage and overtime in most cases. If your state's law is stronger than federal law, your state's law applies. If federal law is stronger, federal law applies. You do not have to choose between them.
Know when to hire a lawyer or contact a legal aid organization
If the amount owed is large — usually $5,000 or more — or if your employer is ignoring the labor department's orders, consider hiring a lawyer. Many employment lawyers work on contingency, meaning they take a percentage of what you win instead of charging you upfront. Call your state bar association and ask for a referral to an employment lawyer, or search online for "employment lawyer [your state]."
If you cannot afford a lawyer, contact your state's legal aid society. Legal aid organizations provide free legal help to people with low incomes. Search online for "[your state] legal aid" or call 211 to be connected to local resources. Legal aid can help you file a wage claim, prepare for a hearing, or negotiate with your employer.
You can also contact your state's attorney general office. Some states have a wage theft unit that investigates employers who systematically do not pay workers. If multiple employees have not been paid, the attorney general may open an investigation on your behalf.
Protect yourself from retaliation
It is illegal for your employer to fire you, cut your hours, reduce your pay, or treat you badly because you reported unpaid wages. This is true whether you complained to your employer directly, filed a wage claim with the labor department, or contacted a lawyer. Federal law and every state's law prohibit this kind of retaliation.
If your employer retaliates against you after you file a wage claim or complain about unpaid wages, document it the same way you documented the unpaid wages: write down dates, times, what happened, and who witnessed it. Save emails and messages. Then report the retaliation to the labor department or to a lawyer. Retaliation is a separate violation and can result in additional damages.
Do not let fear of retaliation stop you from reporting unpaid wages. The law protects you, and employers know this. Most employers pay once they receive a formal complaint because they know the cost of fighting it is higher than the cost of paying.
Frequently Asked Questions
How long does it take to get paid after I file a wage claim?
It depends on your state and whether your employer contests the claim. If your employer pays immediately after receiving notice from the labor department, you may have money within two to four weeks. If there is a hearing, it usually takes two to four months from the hearing date to a decision. Some employers appeal, which adds more time. Ask your labor department for an estimate based on your state's current backlog.
What if my employer says they cannot pay because the business is struggling?
That does not matter legally. Your employer must pay you for work you have done, regardless of the business's financial situation. If the business cannot pay, that is a business problem, not your problem. You are still owed your wages. File a wage claim and let the labor department handle it.
Can I sue my employer in small claims court instead of filing a wage claim?
Yes, in most states. Small claims court is faster than the labor department process and you do not need a lawyer. However, small claims court has a limit on how much you can recover — usually $5,000 to $10,000 depending on your state. If you are owed more than that, the labor department or a lawyer may be a better option. Check your state's small claims court rules and limits.
What if I was paid in cash and have no written proof of my wage?
You can still file a wage claim. Bring any evidence you have: text messages about the job, emails, a written job offer, pay stubs from other jobs at the same employer, or witness statements from coworkers who worked the same shifts. The labor department will consider all of this. If multiple coworkers are also unpaid, their claims together build a stronger case.
Do I have to keep working for my employer while I file a wage claim?
No. You can quit at any time. However, if you quit, make sure you understand your state's final paycheck law — some states require employers to pay all remaining wages immediately when you leave, while others allow a delay. File your wage claim for the unpaid wages from before you quit, and ask about your final paycheck separately if it is late.