DocketX / When someone wronged you Fired, laid off, unpaid / My employer won't pay me

My employer won't pay me

You worked the hours, you did the job, but your employer simply didn't pay you what you earned. This can feel like a betrayal, you held up your end, and they didn't. But you are not stuck; there is a real, ordered set of legal options available to recover the money you are owed.

The honest reality

The law requires employers to pay for all hours actually worked, and to issue a final check by a certain time after your last day. A real claim exists when you can prove you performed work and your employer refused or failed to pay the full amount due for that work, this is not about a disagreement over performance, bonuses, or informal promises.

Your real options, cheapest first

1. Free: complain to the regulator. Filing a wage complaint with the Department of Labor or your state labor department is free, and investigators can order back pay without you filing a lawsuit. the U.S. Department of Labor's Wage and Hour Division and your state labor department is where to start.
2. A demand letter. A written demand for the specific hours, dates, and amount owed, sent to the employer directly, often resolves this faster than any agency process.
3. Small claims court. Wage claims within your state's small claims limit are commonly filed there directly, and some states have a specific low-cost labor commissioner hearing process instead. No lawyer required; see our pro se guide.
4. A lawsuit. Larger unpaid-wage claims, especially unpaid overtime across many employees, are a strong category for an employment lawyer, often on contingency.

You don't need a lawyer to start

You are allowed to do this yourself

A regulator complaint, a demand letter, and small claims court are all built for people without lawyers. Read our pro se guide for how self-representation actually works, our small claims guide for that specific process, and if a lawyer's cost is the blocker at any stage, our can't-afford-a-lawyer triage covers every free and low-cost path, including legal aid.

Questions

What can I do if my employer just refuses to pay me for hours I worked?

You can file a wage claim with your state's labor department, which will investigate and can order your employer to pay you. You can also consider hiring a private attorney to file a lawsuit for unpaid wages, which may allow you to recover additional amounts.

Is it illegal for my boss to not pay me overtime?

It depends on your job duties and how much you earn, but many employees are legally entitled to overtime pay for hours worked beyond a certain number in a week. If your employer knowingly fails to pay that overtime, they are violating the law.

My employer didn't give me my final paycheck on time. Do I have any recourse?

Yes. Most states require employers to issue your final paycheck within a set number of days after your last day of work. If they miss that deadline, you may be entitled to a penalty payment on top of the wages they already owe you.

Not legal advice and not a law firm. We don't predict outcomes, and deadlines and dollar thresholds vary by state and by claim, check your state's page before you rely on any number. If you can get a lawyer or free legal aid, do: start at lsc.gov.