Unpaid Wages Demand Letter

DATE: [____________]. TO: [____________] ("Employer"), [____________] (Address). FROM: [____________] ("Employee"), [____________] (Address). RE: Formal Demand for Unpaid Wages and Compensation, Employment Period [____________] through [____________]. This letter constitutes a formal legal demand for all wages, compensation, and benefits owed to Employee by Employer arising from Employee's employment and Employer's failure and refusal to pay all wages earned and due.

Employee was employed by Employer in the position of [____________] from [____________] to [____________] (the "Employment Period"). During the Employment Period, Employee's compensation terms were as follows: (a) base [hourly rate of $__________ per hour / annual salary of $__________ / draw against commission of $__________ per pay period]; (b) overtime rate of $__________ per hour for hours worked in excess of [40] hours per workweek, as required by applicable law; (c) [commission rate of ____% on ____________]; (d) [bonus of $__________ based on ____________]; and (e) [other compensation: ____________]. Employee's pay period was [weekly / bi-weekly / semi-monthly / monthly], with payday on [____________].

Employer has failed to pay Employee all wages earned during the Employment Period. The following wages remain unpaid: (a) Regular wages for the pay period(s) of [____________] through [____________]: [$__________], representing [____] hours at $__________ per hour / [____] days of salary; (b) Overtime wages for [____] hours of overtime worked during [____________] through [____________]: [$__________], calculated at [1.5x / 2x] the regular rate as required by law; (c) Earned but unpaid commissions on [____________] transactions/sales: [$__________]; (d) Earned but unpaid bonus(es): [$__________]; (e) Accrued but unused vacation/PTO payable upon separation under [Employer's policy / applicable state law]: [$__________]; and (f) Other unpaid compensation: [$__________]. TOTAL WAGES OWED: [$__________].

The wages identified above are supported by the following documentation: (a) Employee's time records, pay stubs, and records of hours worked for the periods identified, attached as Exhibit A; (b) correspondence, agreements, and representations regarding Employee's compensation terms, attached as Exhibit B; (c) records of commissions earned and transactions completed, attached as Exhibit C; (d) records of employer's own payroll reports, if available, attached as Exhibit D; and (e) [other supporting documentation: ____________], attached as Exhibit E. Employee maintains detailed and accurate records of all hours worked and wages earned, and is prepared to present such records in any legal proceeding.

Employer's failure to pay all wages owed to Employee constitutes one or more of the following violations: (a) violation of the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201 et seq., including the FLSA's minimum wage provisions (29 U.S.C. § 206) and overtime provisions (29 U.S.C. § 207), which require payment of one and one-half times the regular rate for all hours worked over forty (40) per workweek; (b) violation of [State] wage payment law, [cite applicable statute: ____________], which requires timely payment of all earned wages and prohibits unlawful deductions; (c) [violation of applicable state overtime law / minimum wage law: ____________]; (d) [breach of employment contract / offer letter: ____________]; and/or (e) [unjust enrichment / quantum meruit: ____________].

Under the FLSA and applicable state law, Employer is liable for: (a) all unpaid wages and overtime in the amount of [$__________]; (b) liquidated damages equal to the amount of unpaid wages, in the amount of [$__________], unless Employer can demonstrate good faith and reasonable grounds for its conduct; (c) reasonable attorneys' fees and costs; and (d) pre-judgment interest. Under [applicable state wage law], Employer may be additionally liable for [penalty wages at Employee's daily rate of pay for each day of delay, up to ______ days / statutory penalty of $__________ / other penalties: ____________]. The total potential liability to Employer, inclusive of liquidated damages and penalties, is [$__________].

DEMAND IS HEREBY MADE that Employer, within [____] calendar days of the date of this letter (the "Response Deadline"), pay Employee the total sum of [$__________], representing all unpaid wages of [$__________] plus applicable liquidated damages of [$__________] and accrued penalties of [$__________]. Payment must be made by [check / wire transfer / ACH] payable to [____________] and delivered to [____________] or electronically transferred to [____________]. In addition, Employee demands that Employer provide: (a) complete and accurate payroll records for the entire Employment Period; (b) a written statement confirming the basis and calculation of all wages paid; and (c) correction of any errors in Employee's W-2 or other tax reporting documents.

If Employer fails to remit full payment of all wages owed by the Response Deadline, Employee will, without further notice, pursue all available legal remedies, including: (a) filing a complaint with the United States Department of Labor, Wage and Hour Division, which has authority to investigate, assess civil money penalties, and initiate legal proceedings against employers on behalf of aggrieved employees; (b) filing a complaint with the [State Department of Labor / State Labor Commissioner / State Wage and Hour Division]; (c) filing a lawsuit in [federal / state] court under the FLSA and/or applicable state law seeking recovery of all unpaid wages, liquidated damages, statutory penalties, attorneys' fees, and costs; and (d) pursuing class or collective action claims on behalf of similarly situated employees, if applicable. Employee has retained [or intends to retain] counsel and is prepared to proceed immediately upon expiration of the Response Deadline. Employer is advised to preserve all payroll records, time records, employment agreements, and related documentation.