Unpaid Wages in Massachusetts- How to Get Relief
Unpaid wages, late paid wages, and unpaid commissions can subject an employer to stiff penalties under the Massachusetts Wage Act. There are important steps to getting this relief, however, which are described below.
Massachusetts Wage Act Penalties for Unpaid WagesAn employer who does not pay wages on time (or at all) will be required to pay treble damages, or three times the amount owed, if you bring a claim in court and prove the amount owed. It is also mandatory in that case that they cover your costs and expenses, including attorneys' fees.
The Wage Act contains this requirement specifically to deter unscrupulous employers from withholding pay from employees. It does, however, give employers a chance to make it right before the penalties kick in: if you are paid before you file a complaint, the treble damages do not apply. Are Your Unpaid Wages Subject to the Wage Act?The first thing to know is whether the money that is owed to you is subject to the Wage Act. Your hourly wage or salary certainly is, and in many cases so is commission pay. Payments described as bonuses may or may not be wages. And payments promised in severance are not wages.
You may have a contractual claim to unpaid amounts that are not wages, but late payment will not trigger the treble damages provision of the Wage Act. Common examples of unpaid wages that can be recovered under the Wage Act:
Wage Claims: Complaint to the Massachusetts Attorney GeneralFor most unpaid wage claims, you are required to file a complaint with the Massachusetts Attorney General before seeking relief in court. Technically, the Attorney General has the discretion to open an investigation on its own, but if you specify in the complaint form that you are requesting authorization to bring a private lawsuit, in almost all cases there will be no investigation opened and you will receive your right to sue letter within a week or two.
You cannot file a legal claim in court until you have either received your right to sue letter or your complaint at the AGO has been pending for 90 days. You can file the AGO complaint online here. You do not need an attorney to take this first step, though certainly one can help if you have questions about the form. |
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Unpaid Wages: Filing a Lawsuit
Once you have received the right to sue letter you can file a legal claim in court. Though you have three years under the statute of limitations, it is a good idea to do this promptly. Filing the suit will preserve your right to the multiple damages and attorneys' fees under the Wage Act.
At this point, you will want to consult with an employment attorney if you have not already done so. It is important that you lay out your claims correctly. It is also often the case that where there are Wage Act violations there are other legal claims as well. Generally you are expected to bring all of your related claims in one complaint. An employment attorney can help you identify those claims and make sure your rights are protected.
At this point, you will want to consult with an employment attorney if you have not already done so. It is important that you lay out your claims correctly. It is also often the case that where there are Wage Act violations there are other legal claims as well. Generally you are expected to bring all of your related claims in one complaint. An employment attorney can help you identify those claims and make sure your rights are protected.
Wages Paid Before Filing a Claim
If the employer pays you in full before you bring a complaint, they will not be subject to the treble damages penalty. Sometimes this happens because the employer made an honest mistake and is trying to correct it. That is a good thing, and behavior that the Wage Act is intended to encourage.
Sometimes, however, an employer who has deliberately withheld or deducted from pay will try to make a payment before the complaint because they know you are pursuing a claim and they want to avoid the penalties under the statute. In that situation, you want to be sure that you are on file in court before any further attempts are made to ask your employer for payment.
Sometimes, however, an employer who has deliberately withheld or deducted from pay will try to make a payment before the complaint because they know you are pursuing a claim and they want to avoid the penalties under the statute. In that situation, you want to be sure that you are on file in court before any further attempts are made to ask your employer for payment.
Unpaid Wages Lawsuit: What to Expect
As with any civil lawsuit, there will be a period of discovery. This means you and your lawyer will have a chance to get information from your employer. It also means you will be asked to provide any documents you have that are relevant to your claims. You usually will be asked to answer written questions and give deposition testimony.
Your attorney will help you with all these things. What you need to know at the beginning is that it is important to preserve any relevant documents, whether you think they are helpful or not. They may help you prove your case. Also, if you discard or destroy relevant documents once you know you are bringing a lawsuit, the court can impose sanctions that could be very damaging to your case.
It is also common for attorneys for both sides to try to reach settlement of your claims shortly after your lawsuit is filed. This is particularly true in wage cases, where the employer faces multiple damages and attorneys' fees. The decision about whether to settle early is going to depend on many factors unique to your situation, which you should discuss with your lawyer. Generally, however, if you settle early you will be accepting something less than you would receive if you took your case to trial and won everything you are claiming.
Your attorney will help you with all these things. What you need to know at the beginning is that it is important to preserve any relevant documents, whether you think they are helpful or not. They may help you prove your case. Also, if you discard or destroy relevant documents once you know you are bringing a lawsuit, the court can impose sanctions that could be very damaging to your case.
It is also common for attorneys for both sides to try to reach settlement of your claims shortly after your lawsuit is filed. This is particularly true in wage cases, where the employer faces multiple damages and attorneys' fees. The decision about whether to settle early is going to depend on many factors unique to your situation, which you should discuss with your lawyer. Generally, however, if you settle early you will be accepting something less than you would receive if you took your case to trial and won everything you are claiming.
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We can help you address any labor law, wage and hour or overtime problem. You can use the button below to schedule a call back from a member of our team, give us a call at 781-784-2322, or fill out our web form to let us know a little more about your situation.
