How Does an Employment Attorney Help You Fight for Unpaid Wages?

Unpaid wages are not only a violation of your legal rights but also a significant threat to your financial stability and overall well-being. When you don’t receive your entitled pay, it can cause stress and disrupt your life. In California, the law is on your side, offering robust protections for employees. However, navigating the complexities of employment law can be daunting without professional assistance. This is where an employment attorney can make a crucial difference. The Law Offices of Alan F. Cohen can assist you in fighting for your unpaid wages.

Understanding Your Rights

The first step in any wage dispute is understanding your legal rights under California law. California’s labor laws are more favorable to workers than federal laws or those of many other states. An experienced employment attorney will help you grasp these rights, helping you know what you’re entitled to receive, from overtime pay to meal breaks and beyond. 

Collecting Evidence for Your Claim

Once you understand your rights, the next step is gathering evidence to support your claim. The types of evidence required will depend on the specifics of your case but may include:

• A complete listing of your work hours, including clock-in and clock-out times.
• Logs of meal and rest breaks.
• Time records showing overtime worked.
• Detailed pay stubs that reflect your wages, overtime pay, paid time off and deductions.

An employment attorney from our firm can guide you through this process, helping you collect all necessary documentation. Properly organized evidence is crucial for building a strong case.

Filing with the DLSE

After gathering the necessary documentation, the next step is filing a wage claim with the California Labor Commissioner’s Office (Division of Labor Standards Enforcement, or DLSE). This state agency handles claims of unpaid wages and wage theft. Filing a claim involves submitting a detailed report along with all supporting evidence. Our attorneys will assist you in preparing and filing this claim, ensuring it is comprehensive and accurate. The more information provided upfront, the more efficiently the DLSE can process your claim.

Assisting with the Investigation

Upon receiving your claim, the DLSE will assign an investigator if they determine your case has merit. The investigator will scrutinize the evidence and may request additional information. This phase can be complex and demanding. Your employment attorney can help answer the investigator’s questions thoroughly and provide any additional documentation required.

Attending the Settlement Conference

If the DLSE finds sufficient grounds for your claim, you and your employer will attend a settlement conference mediated by a deputy labor commissioner. This is where having experienced legal representation becomes invaluable. At the conference, you will present your case, backed by the evidence collected, while your employer will have the opportunity to refute the allegations. The goal is to reach a fair settlement, which may include payment of owed wages, attorneys’ fees or changes in workplace policies.

Contact an Employment Lawyer for a Consultation

Fighting for unpaid wages can be a challenging and intricate process, but you do not have to face it alone. With over 25 years of experience, the Law Offices of Alan F. Cohen provides dedicated and skilled advocacy for employees throughout the Bay Area. If you believe your employer has withheld your wages, contact us today to schedule a consultation and take the first step toward protecting your rights and livelihood.