Step 1:
Filing a claim requires the completion of a Claim for Wages form.
The form can be obtained by calling 1 (800) 562-4692 or it can be
downloaded. Click here
to download.
Step 2:
Care should be taken to complete the form accurately and legibly.
Typed claims are appreciated but not required. Each question
specific to your claim should be answered. Not doing this can cause
the claim to be returned for clarification. If the form does not
allow you enough room to answer a question completely, add an
additional sheet, indicate the number of the question and continue
with your answer.
SIGN AND DATE THE FORM. Unsigned forms will be returned.
Step 3:
When the claim is received at the Division of Labor it will be
reviewed for errors and assigned a six digit docket number. The
first two numbers designate the year the claim was received and the
final four represent the total number of claims filed to date at the
time of docketing.
Step 4:
After the claim is docketed, the information
contained on the claim is entered into the wage claim data base and
a file is created for the claim. The file will be used to collect
all information submitted about the claim from all involved parties.
Should your claim go to court, much of this information may be
entered into evidence.
Step 5:
After the file is created a letter of notification
is sent to the employer indicating your name, the reason for your
claim and the amount being claimed. A copy of the letter is also
sent to you.
The employer is also sent an Employer’s Wage Claim Response Form to
complete and return within 14 days. The form contains information
specific to the business, your employment and the employer’s reasons
for not paying the claimed amount.
Step 6:
If you were an hourly employee and your claim is for
unpaid hours, a time sheet will be sent to you. This should be used
to record all unpaid hours both by day and the specific hours worked
that day. If more than 10 days are involved, make a copy of the
sheet before starting. The form must be returned within 14 days of
the date of the letter requesting the time sheet information.
Failing to do so will cause your file to be closed.
Step 7:
When the Employer’s Wage Claim Response Form is
returned, a copy will be made and sent to you. You will be expected
to provide a written reply to this information within 14 days.
Failing to do so will cause your file to be closed.
Care should be taken to provide as much information about your claim
as possible. As the claimant the burden of proof rests with you. If
it is simply your word versus the employer’s, the investigation will
be terminated by the Labor Division. You can still pursue your claim
on your own behalf.
Step 8:
If the employer does not respond to our first
letter, a second letter is sent 7-10 days following the initially
requested response date. The employer is again informed of the claim
and asked to reply within 10 days. You will not receive a copy of
this letter.
Step 9:
If the employer never replies to our requests for
information, you will be sent a letter requesting that you forward
all information you have that supports your allegation. You are
asked to do this within 14 days. Failing to do so will cause your
file to be closed.
The fact that the employer does not respond does not guarantee a
positive resolution of your claim. Proof must still be provided to
substantiate your position.
Step 10:
After all pertinent information has been collected,
hopefully from both parties, the evidence is viewed to determine the
enforceability of the claim. If the claim is thought to be
enforceable, the Division of Labor will notify the employer
regarding payment and, if necessary, initiate court action to obtain
a judgment against the employer. Gaining a judgment does not
guarantee payment of your claim. The wages must still be collected.
Often, this is not possible.
If your evidence does not support your claim, you will be sent a
letter of closure outlining the reasons for the action taken.
Step 11:
PATIENCE – The wage claim process is not speedy and
can take several months to reach resolution. Copies of all
information received from the employer will be sent to you for your
comment and you will be notified of any change regarding your claim.
You can certainly call for an update about your claim at any time
but keep in mind that if you haven’t heard from us, things haven’t
changed since you last heard from us.
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