Q: Can I send a demand letter to a former employer with an open wage claim?
Can I send a demand letter to my former employer saying I will sue them if they don't start paying me unpaid wages?
My former employer owes me back pay; while they agree they owe me unpaid wages, we don't agree on the total amount owed.
I have then since opened a wage claim against them.
However, in the meantime, I would still like to get paid the amount they think they owe (they only agreed to pay me if I signed an agreement stating they would only have to pay me less than 1/2 of what is contractually owed to me).
p.s. after speaking with the Labor Commission, my case may take over a year to get an appointment, but I have a personal emergency, and I need the money.
A: Yes, you can send a demand letter to your employer, even if you have already filed a claim before the Labor Commissioner. You should probably hire a lawyer to assist you. If the employer does not pay promptly, you can sue and likely get paid faster. Attorney's fees are recoverable, if you prevail on an unpaid wage claim.
1 user found this answer helpful
A:
You can negotiate a resolution with your former employer at any time. Before you do, consider that a demand letter from you will carry little to no weight in the eyes of an employer who has experienced defense attorneys ready to chew you up and spit you out based on your lack of experience with the process, and your lack of knowledge of the substantive law. Many times, unrepresented persons leave a great deal of money on the table because they do not even know all of the claims and/or remedies available to them under the law.
It would be very wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
1 user found this answer helpful
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