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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11289
Experience:  Significant experience in all areas of employment law.
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I wanted to know if I sue an employer for wages

Customer Question

Hello I wanted to know if I sue an employer for wages ,hours,overtime what happens and how often does the employee win because if I get paid 9.50 and on one week I have 43 hours and on another week I have 21 hours and only 30.69 cent taxes were taken my check should still be more the 492.09
JA: I'm not sure of the exact price, but there's only a $5 deposit. The rest of the price information will be on the page I send you to.
Customer: Hello I wanted to know if I sue an employer for wages ,hours,overtime what happens and how often does the employee win because if I get paid 9.50 and on one week I have 43 hours and on another week I have 21 hours and only 30.69 cent taxes were taken my check should still be more the 492.09
JA: I'm not sure of the exact price, but there's only a $5 deposit. The rest of the price information will be on the page I send you to.
Customer: im not asking about the yalls price im asking about my employer
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: North Carolina
JA: Has anything been filed or reported?
Customer: I dont know how to do that or where to go
JA: Anything else you want the lawyer to know before I connect you?
Customer: No
Submitted: 1 month ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 month ago.

Hello and welcome. My name is ***** ***** it will be my pleasure to assist you. Please just give me a moment to review your question....

Expert:  Patrick, Esq. replied 1 month ago.

It sounds like there is some confusion over whether you have been fully paid because your employer did not provide you with a paystub that itemizes your total number of hours worked, your hourly rates, and all applicable withholdings. North Carolina Stat. 95-25.13 requires them to provide you with such an itemization, precisely in order to avoid the sort of confusion you are dealing with right now. The first step here is to demand paystubs that itemize exactly how many hours you were paid for and where all the money went. If they provide this and you believe you were paid properly, then obviously you don't have to do anything else. If your employer provides paystubs which reflect that you were paid for less hours than you actually worked, you can file a wage claim with the NC Department of Labor. See here for instructions on commencing that process. You will simply need to establish to the Dept. of Labor's satisfaction that you actually worked more hours than you were paid for. This can be established through your personal testimony, emails, text messages, eye witness accounts--basically anything that tends to support your position. It's understandable that you may not know exactly how many hours you worked for which you were not paid, so some approximation will typically be understandable. You just have to do the best you can.

Your chances of success are generally very good when filing a wage claim because there is a strong public policy in favor of ensuring that employees are not cheated out of their earned wages. So, if you can establish with at least some credibility that you worked hours for which you were not paid, you should prevail.

I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

Expert:  Patrick, Esq. replied 1 month ago.

Was there anything else I can do for you?

Expert:  Patrick, Esq. replied 1 month ago.

Can you please let me know if you are getting my messages to you?