Letter to employer regarding pay
In the United States, the answer would almost certainly be u201cno.
u201d There could be different answers in other countries.
The United States follows what is called the u201cAmerican Rule,u201d which is a reference to the fact that each person pays their own attorneys fees in the United States.
Other countries have a u201closer paysu201d rule, where the loser of a lawsuit pays the winneru2019s attorneyu2019s fees.
It doesnu2019t work that way in the United States.
There are a few exceptions to this general rule.
Certain civil rights laws allow a winner in civil rights litigation to recover attorneys fees.
Some states allow a successful plaintiff to recover attorneys fees in consumer protection actions.
Finally, the parties to a contract can agree that the u201cprevailing partyu201d in a lawsuit can recover its attorneys fees.
A dispute over wage payments is a contract dispute which would not have such a clause and would not appear to be within any of the exceptions.
,Iu2019ve been the lawyer charging $5,000 in wages disputes.
I always analyze all aspects of the case to see if there is any opportunity to argue that my clientu2019s adversary must pay my attorneys fees and I advise my client very bluntly of the chances of recovering those fees.
You should contact the attorney who handled this matter to see if thereu2019 is any way that the employer would be legally liable to pay your attorneys fees.
Unpaid wages letter to employee
A bluff? Probably not.
Lawyers are not generally in the habit of sending out demand letters when they donu2019t plan on following up on that letter.
It is possible, in the end, for any number of reasons, the lawyer could decide not to bring a case.
It is just as possible that the lawyer could decide to bring a case, or file with the EEOC (depending on what is appropriate).
,On the whole, it is unwise, if you are an employer, to treat an attorneyu2019s demand letter as a bluff such that you ignore it.
The wiser course is to contact your own lawyer, ask them to review the letter and the situation, and decide what to do from there.
Department of Labor unpaid wages claim
No, but you donu2019t have to.
,In the United States, the state department of labor has a system where you can submit a claim to the state for unpaid wages.
Also failure to pay wages is usually a criminal offense.
If any employer is systemically not paying wages then this is something that could be referred to the district attorney.
,The reason that there are special rules and procedures for unpaid wages is precisely because the amounts are usually too low to be worth using courts.
,The rules are different for each state, but your employer should have a poster notifying you of the rules in your state.
Sample back pay letter to employee
I get odd threat calls where the message starts in the middle of a sentence.
The chances are that itu2019s a scam.
Then there are the ones who call and leave a message that I need to pay them.
Oddly, they donu2019t send collection notices.
No notice, no payment.
If you are legitimate, it doesnu2019t take that much money to send out a legitimate notice.
,At one point, a former doctor of mine waited five or six years past my last appointment to have a collection notice sent to me.
She never sent the last bill.
Fortunately, Iu2019d paid by credit card, and Iu2019d had a credit card through my financial institution.
They found the record of my payment, and I redacted everything that wasnu2019t pertinent to the payment.
I mailed it under cover of a letter to her new manager.
,I told him that Iu2019d paid her showed the documentation and indicated how dissatisfactory the last appointment was.
I told him what her office had told me.
Call and complain to her business office.
I did that.
I never got a bill for the 2 minutes she spent on me.
I talked about their crappy and illegal business practices (once the bookkeeper sent every patient a second notice of payment due without sending out a first billing).
,I had several conversations with the business manager.
I told him that for me to pay the money (the difference between what Iu2019d paid initially, and what I hadnu2019t been billed for), I needed a copy of the bill.
He said that it was in storage.
I said, u201cGee, thatu2019s too bad.
Without that billu2014the one your office never sent meu2014I canu2019t pay you!u201d He called me back a few days later and said that theyu2019d decided to eat the cost (not his exact words).
I requested that they put it in writing.
I hand-delivered a copy of the letter that stated that I owed nothing to the collection agency.
The matter was settled.
,When possible, pay with plastic.
Keep the receipt.
Someone who claims that they sent you a bill should have to prove it, especially if their bookkeeper has pulled illegal stunts in the past.
In my state, you canu2019t record a conversation without the consent of all parties.
Make notes and keep documentation.
Itu2019s one thing if you owe money and havenu2019t paid it.
Itu2019s a different matter if someone claims that they sent donu2019t fall for you a bill that you never received.
There was something suspicious about the whole thing.
,I donu2019t take threats well and have contacted my attorney general about some issues, the state insurance commissioner about illegal auto insurance practices, the FTC about some matters.
,Iu2019ve had two hospitals try to commit fraud against me.
In one case, I decided not to pay them.
They had changed my records so that it looked like they were done taking a tissue sample before the anesthesia wore off.
Then they tried to keep me from getting a second opinion at a closer hospital.
,In the other case, a billing employee lied about getting a check and was trying to make me pay the bill in full.
My health insurance helped with that one.