Unpaid Wages & Employment
Guide to recovering unpaid wages, final paychecks, and work-related money in small claims court.
Unpaid Wages & Employment Claims
Final paychecks, unpaid hours, commissions, reimbursements, and other work-related money disputes that fit within small claims limits.
What Small Claims CAN Handle
- •Final paycheck not received on time
- •Unpaid wages for hours worked
- •Unpaid commissions or bonuses owed
- •Unreimbursed business expenses
- •Unused vacation/PTO payout (if owed)
- •Bounced paycheck recovery
What Requires Different Process
- •Wrongful termination claims
- •Discrimination or harassment
- •Overtime violations (often labor board)
- •FMLA or leave violations
- •Workers' compensation claims
- •Claims exceeding small claims limits
Consider the Labor Board First
Many states have a Department of Labor or Labor Commissioner that handles wage claims for free. They may be able to recover your wages without you going to court. Check if this option is available in your state before filing small claims.
Note: Some states require you to choose - you may not be able to file both a labor board claim and a lawsuit.
Common Scenarios
Final Paycheck Withheld
You quit or were fired but never received your last paycheck, or it was significantly delayed beyond your state's deadline.
Unpaid Hours Worked
Employer didn't pay for all hours you worked - "off the clock" work, missed breaks, or incorrect time records.
Commission Not Paid
You earned commission on sales or referrals but the employer refuses to pay, claims you didn't qualify, or miscalculated.
Unreimbursed Expenses
You paid for work-related expenses (mileage, supplies, tools, travel) that the employer promised to reimburse but never did.
Evidence You Should Gather
Employment cases require strong documentation. Collect as much evidence as possible before filing.
Employment Documents
- Offer letter or employment contract
- Pay stubs showing wage rate
- Commission or bonus agreement
- Employee handbook policies
- Termination or resignation letter
Time & Work Records
- Timesheets or time clock records
- Your own log of hours worked
- Work schedules
- Sales records (for commissions)
Communications
- Emails about pay or expenses
- Text messages with manager
- Written requests for payment
- Demand letter sent before filing
Financial Records
- Bank statements showing deposits
- Expense receipts for reimbursement
- Mileage logs
- Credit card statements for work expenses
Critical Deadlines to Know
Pro Tip: Keep Your Own Records
Don't rely solely on employer records. Keep a personal log of hours worked, tips received, and expenses incurred throughout your employment.
Sue the Right Party
Make sure you sue the correct legal entity - the company name on your paystub, not just your manager's name. Check the business registration if needed.
Example Case + How This Site Helps
Example: Your employer withheld your final paycheck after termination.
You completed your final shifts but were never paid all wages and reimbursements owed. You seek unpaid pay and related penalties where allowed.
Typical claim range: $600-$7,000
What to collect first
- Timesheets, schedule records, and pay stubs
- Employment agreement and termination date proof
- Demand for payment and employer response
Confirm fit and priorities
Start with the quiz so the app can steer you toward the right dispute flow and state rules.
Take the quizOrganize evidence and timeline
Use Case Manager to track facts, deadlines, and uploads so your story is clear and ready for court.
Open Case ManagerPrepare your pre-filing package
Generate a demand letter and supporting documents to improve settlement chances before filing.
Build demand packagePlan filing and hearing prep
Use filing guidance, calendar, and statement tools so you can submit correctly and present clearly.
Review filing stepsReady to Assess Your Case?
Take our intake quiz to organize your facts and see if small claims is right for your wage dispute.
Legal Disclaimer
This page provides general information only and is not legal advice. Employment laws vary by state and locality, and information may be outdated. No attorney-client relationship is created. Consult a licensed attorney or your state's labor department for advice about your specific situation. See our Terms of Service and Privacy Policy.