How long does an employer have to pay you after you quit?

It depends on your state. California requires payment on your last day (if you gave notice) or within 72 hours (if you didn't). New York and Florida require payment by the next regular payday. Most states fall in the 'next payday' to '72 hours' range. Check your state's labor code for the specific deadline.

Can I sue my employer for not paying me?

Yes. You can file a wage claim with your state labor agency (free), sue in small claims court (for smaller amounts), or hire an employment attorney. Most wage laws allow you to recover not just the unpaid wages but also penalty damages and attorney's fees.

What is the penalty for not paying employees on time?

Penalties vary by state. California imposes waiting time penalties of one day's wages for each day of delay (up to 30 days). Massachusetts requires treble (3x) damages. New York allows 100% liquidated damages. Under federal law (FLSA), you can recover double the unpaid amount.

Can my employer withhold my last paycheck?

No. Employers must pay all earned wages regardless of whether you quit, were fired, or owe the company money. They cannot withhold your paycheck as leverage or punishment. In most states, employers can only make deductions that are legally authorized (like taxes) or that you agreed to in writing.

How do I prove my employer owes me wages?

Keep records of hours worked (time sheets, clock-in records, emails showing work hours), your pay rate (offer letter, pay stubs), and any communication about pay. If your employer didn't keep proper records, courts may accept your reasonable estimate of hours worked.

Is it worth suing for unpaid wages?

Usually yes, especially because penalty damages can multiply your claim. A $2,000 wage claim in California could become $8,000+ with penalties. Many employment lawyers work on contingency, and most wage laws require the employer to pay your attorney's fees if you win — so there's often little risk to you.

Demand Letter for Unpaid Wages — Recover What You Are Owed (2026)

Legal Disclaimer: This article provides general information for educational purposes only and does not constitute legal advice. Consult a licensed attorney for advice specific to your situation.

Your employer owes you money. Maybe they didn't pay your final paycheck, shorted your overtime, misclassified you as a contractor, or just stopped paying altogether. Whatever the reason, wage theft is illegal in every state — and a demand letter is the fastest way to get what you're owed.

$9.27 billion

in wages stolen from workers annually in the 10 most populous states alone (EPI study)

Types of Unpaid Wage Claims

Final Paycheck Not Received

You quit or were fired and your employer hasn't sent your last paycheck. Every state requires employers to pay final wages — many impose waiting time penalties for each day of delay.

Unpaid Overtime

Under the federal Fair Labor Standards Act (FLSA), non-exempt employees must receive 1.5x their regular rate for hours worked over 40 in a week. Many employers illegally avoid paying overtime by:

Misclassifying employees as "exempt" (salaried)
Misclassifying employees as independent contractors
Requiring off-the-clock work
Averaging hours across two weeks instead of paying weekly overtime

Unpaid Regular Wages

Your employer simply hasn't paid you for hours worked. This includes:

Bounced paychecks
Reduced pay without notice
Not paying for all hours worked (including required meetings, training, travel time)
Illegal deductions from pay

Unpaid Commissions or Bonuses

If your employment agreement includes commissions or bonuses you've earned but not received, you have a wage claim.

Tip Theft

Employers keeping employee tips, requiring illegal tip pooling, or using the tip credit improperly.

State Final Paycheck Laws

States have strict rules about when employers must deliver final paychecks:

State	Fired / Laid Off	Quit (With Notice)	Quit (No Notice)
California	Immediately (same day)	Last day of work	Within 72 hours
New York	Next regular payday	Next regular payday	Next regular payday
Texas	Within 6 days	Next regular payday	Next regular payday
Illinois	Immediately if possible, next payday at latest	Next regular payday	Next regular payday
Florida	Next regular payday	Next regular payday	Next regular payday
Massachusetts	Day of termination	Next regular payday	Next regular payday
Colorado	Immediately	Next regular payday	Next regular payday
Washington	End of next pay period	End of next pay period	End of next pay period

Penalty Wages and Liquidated Damages

The law punishes employers who don't pay — and the penalties can be much more than the wages themselves:

Federal (FLSA)

Liquidated damages: Equal to the unpaid wages (effectively doubles your claim)
Attorney's fees: Employer must pay your lawyer if you win
Statute of limitations: 2 years (3 years for willful violations)

State Penalties

California: Waiting time penalty of your daily wage for up to 30 days (Cal. Labor Code § 203). If you earned $200/day, that's up to $6,000 in penalties alone.
Massachusetts: Treble (3x) damages mandatory (Mass. Gen. Laws ch. 149, § 150)
New York: Liquidated damages of 100% of unpaid wages plus attorney's fees
Illinois: 2% per month penalty on unpaid wages, plus 5% damages
Colorado: Up to $1,000 per day in penalties

How Penalties Add Up

Say your employer in California owes you $3,000 in final wages and doesn't pay for 30 days:

Unpaid wages: $3,000
Waiting time penalties (30 days × $200/day): $6,000
Total claim: $9,000

That $3,000 debt just became a $9,000 problem for your employer. Include these penalties in your demand letter.

Unpaid Wages Demand Letter Template

[Your Name]
[Your Address]
[City, State ZIP]
[Date]

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED

[Employer Name]
[Company Name]
[Address]
[City, State ZIP]

Re: Demand for Unpaid Wages

Dear [Employer Name]:

I am writing to demand payment of wages owed to me for work performed during my employment at [COMPANY NAME]. I was employed as a [JOB TITLE] from [START DATE] to [END DATE], at a rate of $[PAY RATE] per [hour/year].

Wages Owed

As of this letter, the following wages remain unpaid:

[Type — e.g., "Regular wages, pay period ending 1/15/2026"]	$[AMOUNT]
[Type — e.g., "Overtime (12 hours at 1.5x)"]	$[AMOUNT]
[Type — e.g., "Accrued vacation pay"]	$[AMOUNT]
Total wages owed	$[TOTAL]

Legal Obligations

Under [STATE] law ([CITE STATUTE]), you were required to pay my final wages by [DEADLINE]. As of today, [NUMBER] days have passed since that deadline.

[STATE-SPECIFIC PENALTY LANGUAGE — e.g., "Under California Labor Code § 203, an employer who willfully fails to pay final wages is subject to waiting time penalties equal to the employee's daily rate of pay for each day wages remain unpaid, up to 30 days. At my daily rate of $[AMOUNT], these penalties currently total $[PENALTY AMOUNT]."]

Additionally, under the Fair Labor Standards Act, I may be entitled to liquidated damages equal to the amount of unpaid wages, plus attorney's fees and court costs.

Demand

I demand payment of $[TOTAL INCLUDING PENALTIES] within ten (10) days of this letter. This amount includes $[WAGES] in unpaid wages and $[PENALTIES] in statutory penalties.

If payment is not received by [DATE], I intend to file a wage complaint with the [STATE LABOR AGENCY — e.g., "California Division of Labor Standards Enforcement (DLSE)"] and/or pursue this matter in court, where I will seek the full amount owed plus all available penalties, liquidated damages, and attorney's fees.

Sincerely,

[Your Signature]
[Your Printed Name]
[Phone Number]
[Email Address]

Enclosures:

Pay stubs showing unpaid period
Employment agreement / offer letter
Time records / work schedule
Correspondence regarding payment

Filing a Government Complaint

You don't have to go it alone. Government agencies will investigate wage theft for free:

Federal: Department of Labor

File a complaint with the Wage and Hour Division (WHD) for FLSA violations (overtime, minimum wage). They investigate and can force payment — no lawyer needed. File at dol.gov or call 1-866-487-9243.

State Labor Agencies

Most states have their own labor departments that handle wage claims, often with stronger protections than federal law:

California: DLSE (Labor Commissioner) — can award waiting time penalties
New York: Division of Labor Standards — investigates and mediates
Texas: Texas Workforce Commission — handles wage claims up to $500K
Illinois: Department of Labor — investigates underpayment complaints

Pro tip: Mention in your demand letter that you plan to file a government complaint if not paid. Employers who ignore a letter from you might not ignore a letter from the state labor department.

What to Do If They Don't Pay

1. File a Wage Claim

File with your state labor agency or federal DOL. These investigations are free and the agency does the work for you.

2. Small Claims Court

For smaller amounts (under $5,000-$10,000 depending on state), small claims court is fast and doesn't require a lawyer. You can often recover penalties on top of the unpaid wages.

3. Employment Attorney

For larger claims, especially overtime and misclassification cases, an employment attorney may take your case on contingency (they get paid only if you win). Since most wage laws require the employer to pay attorney's fees if you win, lawyers are often willing to take these cases.

4. Class Action

If your employer is doing this to multiple employees (common with overtime violations and misclassification), a class action lawsuit may be appropriate. An employment attorney can evaluate this.

Ready to Demand Your Unpaid Wages?

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Key Takeaways

Wage theft is illegal in every state — you have strong legal protections
State penalties can double or triple your claim (California waiting time penalties, Massachusetts 3x damages)
Every state has specific deadlines for employers to deliver final paychecks
Government agencies (DOL, state labor departments) will investigate wage theft for free
Most wage laws require employers to pay your attorney's fees if you win
Send your demand letter via certified mail and keep copies of all pay records

Free Tools: Try our Damages Calculator, Dispute Diagnostic Quiz, or Statute of Limitations Lookup.

Demand Letter for Unpaid Wages: Get Paid What You're Owed