Unpaid Wages Demand Letter Example

Dear Ms. Wu,

I am writing to formally demand payment of $4,850.00 in unpaid wages owed to me by TechForward Solutions, Inc. ("TechForward"). This amount represents unpaid overtime compensation and my withheld final paycheck following my termination on December 20, 2025.

Employment Background:

I was employed by TechForward as a Marketing Coordinator from March 15, 2024 through December 20, 2025, at a salary of $55,000 per year ($26.44/hour based on a 40-hour work week, or $220/day). I was classified as a non-exempt hourly employee and was entitled to overtime compensation for all hours worked in excess of 8 hours per day or 40 hours per week.

Unpaid Overtime — $3,200.00:

During the period from September 2025 through December 2025, I regularly worked 50-55 hours per week at the direction of my supervisor, James Park. Despite recording these hours in TechForward's timekeeping system (Clockify), my paychecks reflected only 40 hours per week. I estimate a minimum of 80 unpaid overtime hours during this period. At 1.5x my regular rate ($39.66/hour), the unpaid overtime totals approximately $3,200.00.

I have copies of my Clockify time entries, email correspondence from Mr. Park directing me to work weekends, and my pay stubs showing only 40-hour weeks, all of which substantiate this claim.

Withheld Final Paycheck — $1,650.00:

I was involuntarily terminated on December 20, 2025. Under California Labor Code § 201, when an employer discharges an employee, all wages earned and unpaid are due and payable immediately at the time of discharge. My final paycheck covering December 1-20 ($1,650.00 gross) was not provided at termination and has still not been received as of this date — 31 days later.

Legal Basis:

Your obligations to pay these wages arise under both federal and California state law:

1. Fair Labor Standards Act (FLSA), 29 U.S.C. § 207: Non-exempt employees must receive overtime at 1.5x their regular rate for hours exceeding 40 per week. Failure to pay overtime constitutes a federal wage violation.

2. California Labor Code § 510: California additionally requires overtime for any work exceeding 8 hours in a single day, and double-time for hours exceeding 12 in a day.

3. California Labor Code § 201: All wages are due immediately upon involuntary termination.

4. California Labor Code § 203 (Waiting Time Penalties): An employer who willfully fails to pay wages due at termination shall pay a penalty equal to the employee's daily rate of pay for each day wages remain unpaid, up to a maximum of 30 days. At my daily rate of $220.00, your maximum penalty exposure is $6,600.00.

5. California Labor Code § 1194: Employees may recover unpaid overtime plus interest, attorney's fees, and costs.

Total Demand:

I demand payment of $4,850.00 representing $3,200 in unpaid overtime and $1,650 in withheld final wages. I am not at this time including waiting time penalties, which I reserve the right to pursue.

Deadline:

Payment must be received within ten (10) business days of your receipt of this letter, by certified check or direct deposit to the account on file.

Consequences:

If payment is not received by the stated deadline, I will:

1. File a wage claim with the California Division of Labor Standards Enforcement (DLSE);
2. Pursue a civil action under California Labor Code § 1194, seeking unpaid wages, waiting time penalties (up to $6,600), liquidated damages, interest, and attorney's fees;
3. Report the FLSA violations to the U.S. Department of Labor, Wage and Hour Division.

I strongly encourage you to resolve this matter promptly. My total exposure claim — including waiting time penalties and statutory damages — significantly exceeds the $4,850 I am requesting today.

Sincerely,