How do I sue my employer for unpaid wages?

UPDATED: Aug 1, 2011

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How do I sue my employer for unpaid wages?

We clock in and out at work. My employer decides what he wants to pay us, after he deducts down time and break and trips to the next job and to stores etc. I also never received overtime. For driving I don’t even get paid. This guy is ripping all his employees off and I just want it to stop so he cannot do this anymore. He has all the books with our hours in it and I have all of my pay stubs so I can’t request his books. I think court is the best solution because it is really impossible to get proof of my hours because he has it in me.

Asked on August 1, 2011 Maryland


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You need to seek counsel. You need a lawyer who has extensive experience as plaintiff's labor lawyer and wage issues. You need to find out if your state's labor department (Maryland Department of Labor) allows workers to file complaints regarding wage issues (non-payment, late payment, cooking the books, stealing from employees). It sounds like your employer is violating all sorts of labor laws and keep in mind you cannot be fired in retaliation for filing such a complaint. The issue is to tread lightly by first talking to a labor lawyer and making sure you have a direction and tactic in mind before you file any administrative consumer complaint with the labor department and/or a lawsuit in civil court. You may wish to also contact the Equal Employment Opportunity Commission.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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