Home Q&A Forum Can a demand letter be used to recover unpaid wages from an employer?

Employment

Demand Letter

Washington

Asked on Sep 3, 2024

Can a demand letter be used to recover unpaid wages from an employer?

I worked for a small business for several months and during that time, my employer consistently paid me less than the agreed-upon wage. Despite multiple conversations and promises to rectify the situation, they have failed to pay me the remaining amount owed. I am considering sending a demand letter to formally request payment of the outstanding wages, but I am unsure if this is an appropriate course of action or if there are any legal limitations to using a demand letter in this context.

Answers from 1 Lawyer

Answer

Employment

Washington

Answered 591 days ago

Merry K.

ContractsCounsel verified

Business Lawyer
Licensed in Washington
Free Consultation
5.0 (18)
Member Since:
July 26, 2023

You can always write a letter and ask politely and professionally, and send the letter certified, return receipt, and keep copies of everything. If you pay an attorney to do this for you, it could cost $1000 or more. Or, for free, you can file a wage complaint for free with the state, here: https://secure.lni.wa.gov/wagecomplaint/#/ You are protected from retaliation from doing so (at least, in theory - there are ways that employer can subtly retaliate).

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Sure. It’s wise to have an attorney review any correspondence you’d send to an adversary you’re contemplating legal action against and it is often the case that such a letter when issued on an attorney’s letterhead triggers a response. That said, employment law is tricky since MA is an at will state meaning an employer can terminate for any reason at all outside of racial/sex/orientation bases or retaliation . Obviously there are nuances, but these are the broad strokes.

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Unfortunately, often, one can cite all the laws one wants, but the person who owes the debt may simply be unwilling or unable to pay. If the debt is for less than $10,000, consider filing in Small Claims Court in your county. Here is the statewide information: https://www.courts.wa.gov/newsinfo/resources/?altMenu=smal&fa=newsinfo_jury.scc In addition, many counties, such as King, have their own websites and lots of information. When you file in Small Claims Court, be sure to include copies of all relevent paperwork, including any letters you sent to the defendent. And request reimbursement for the debt, interest, the cost of filing the Small Claims case, and any related costs/expenses. Even if you win, however, you may not get paid - but if you win, you will have some other ways to collect, such as garnishing wages or a bank account. I'd be happy to help coach you through the Small Claims process if you'd like to request my help through ContractsCounsel.com

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