Unpaid Wages Lawyer

Are you struggling to get paid for your work? Many people face this issue, which can create financial stress. An unpaid wages lawyer can help you recover the money you deserve. If you’re in New York and dealing with unpaid wages, it’s important to understand your rights and options. Contact Rissmiller PLLC for assistance. We are ready to help you fight for your hard-earned pay.

Understanding Unpaid Wages

Unpaid wages refer to the money an employer owes an employee for work already performed. This can include regular pay, overtime, commissions, and bonuses. Unfortunately, some employers do not pay their employees on time or at all.

Types of unpaid wages include:

  • Regular wages—the hourly or salary pay you earn;
  • Overtime pay—extra money earned for hours worked over 40 in a week;
  • Commissions—payments based on sales or performance; and
  • Bonuses—extra pay awarded for achieving agreed-upon goals or milestones.


It is crucial to know you have legal rights regarding your unpaid wages. An unpaid wages lawyer in NYC can guide you through the process of claiming what you are owed.

Signs You Need an Unpaid Wages Lawyer

Identifying unpaid wages can sometimes be tricky. Here are some signs that indicate you may need to consult an unpaid wages attorney:

  • Your paychecks are consistently late. If you don’t receive your paycheck on time, it could be a red flag.
  • You are not paid for overtime. If you work more than 40 hours and don’t receive overtime pay, you should seek help.
  • Your employer refuses to pay you. If your employer denies your payment request, it’s time to take action.
  • You are misclassified as an independent contractor. If you perform work as an employee but are classified as a contractor, you may be entitled to unpaid wages.


If you recognize these signs, consider contacting a lawyer for unpaid wages to discuss your situation.

What an Unpaid Wages Attorney Can Do

Hiring an attorney for unpaid wages can significantly help your case. Some ways they can assist you include:

  • Assess your case—an attorney will review your situation to determine if you have a valid claim;
  • Gather evidence—they will collect necessary documents, such as pay stubs, contracts, and correspondence with your employer;
  • File claims—your lawyer can file wage claims on your behalf with the appropriate labor board or court;
  • Negotiate—they will negotiate with your employer to secure the wages owed to you; and 
  • Represent you in court—if necessary, your attorney can represent you in court to ensure you get paid.


While an attorney will provide valuable support, you can also take steps on your own before meeting with an unpaid wages lawyer. Start by documenting your work hours and any pay discrepancies. Collect all relevant evidence, like pay stubs and employment contracts. Familiarize yourself with wage laws to understand your rights and responsibilities. By being proactive, you can better advocate for yourself and increase your chances of a successful outcome.

Knowing Your Rights Before Meeting with a Lawyer for Unpaid Wages

Under federal and state laws, workers have protections to ensure they receive fair compensation for their labor. Familiarizing yourself with the Fair Labor Standards Act (FLSA) and the New York wage and hour labor law page, which outlines minimum wage requirements and reviews labor topics, can empower you to identify violations and their penalties. For example, wage theft is larceny under New York State Penal Law Section 155 and can result in criminal prosecution. 

Being informed about your rights and the legal framework surrounding unpaid wages will allow you to communicate effectively and present your case more clearly when you meet with an attorney. This preparation can strengthen your position and help your attorney advocate for you more effectively. 

What to Expect When Working with an Unpaid Wages Lawyer in NYC

The process of claiming unpaid wages can vary based on the case. Here’s a general overview of what to expect:

  • Consultation—meet with your lawyer to discuss your case;
  • Investigation—your lawyer will gather evidence and build your case;
  • Claim filing—they will file the necessary claims with the appropriate agencies;
  • Negotiation—your lawyer will attempt to negotiate a settlement with your employer; and
  • Litigation—if negotiations fail, your lawyer may take your case to court.


This process can take time, but understanding your rights and taking proactive steps with legal guidance can lead to resolution. 

Common Misconceptions About Unpaid Wages 

Many myths surround unpaid wages and workers’ rights. A few common misconceptions include:

  • “I have to accept my employer’s decision.” This is not true. You can challenge your employer if they fail to pay you.
  • “I can’t afford a lawyer.” Many unpaid wages lawyers work on a contingency fee basis, meaning they only get paid if you win your case.
  • “It’s not worth it to pursue unpaid wages.” Recovering unpaid wages can significantly impact your financial situation. It’s worth pursuing.


Don’t let these misconceptions prevent you from seeking the compensation you deserve. You’re not alone in this struggle. Over a hundred thousand workers in the U.S. are affected by unpaid wages annually. The U.S. Department of Labor, through its Wage and Hour Division, successfully recovered over $274 million in back wages and damages for more than 163,000 workers nationwide. 

Searching for an Unpaid Wages Lawyer Near Me? Contact Rissmiller PLLC Today

Don’t wait to take action if you believe an employer owes you unpaid wages. The statute of limitations in New York for unpaid wage claims is generally six years. However, it’s better to pursue your claim sooner rather than later. The longer you wait, the more difficult it may become to gather evidence and witnesses. Additionally, your employer may become less cooperative over time.

Contact an unpaid wages lawyer at Rissmiller PLLC today. We provide excellent client service and have a strong track record of getting results for clients like you. Don’t let unpaid wages stress you out any longer. Call or contact us online today for a consultation and take the first step toward claiming your hard-earned money.

Resources:

  • Economic Policy Institute, link.
  • Department of Labor, WHD by the Numbers 2023, link.
  • NY CPLR § 213, link.