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October 4, 2024 | BusinessEmploymentMaryland

What To Do When Your Employer Refuses To Pay You in Maryland

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Jamar Creech

Senior Counsel

Unpaid wages can create financial strain and stress for employees.  If you find yourself in a situation where your employer refuses to pay you in Maryland, an experienced employment attorney can advise you on your rights and the legal avenues available to seek recourse.

What Constitutes Unpaid Wages In Maryland?

In Maryland, unpaid wages encompass more than just an employee’s hourly or salaried income.  Unpaid wages also include failure to pay overtime and commissions, making payments below the minimum wage, and requiring off-the-clock work.

Maryland Wage Payment and Collection Law

The Wage Payment and Collection Law (WPCL) protects employees in Maryland from wage theft.  Wage theft occurs when an employer does not fully pay an employee for the work the employee has performed.  The WPCL outlines that after two weeks have elapsed from the date the employer is required to have paid an employee’s wages, the employee may bring an action against the employer to recover the unpaid wages.

Furthermore, if a court finds that an employer withheld an employee’s wage in violation of the WCPL and not because of a bona fide dispute, the court may award the employee three times the wage, reasonable counsel fees, and other costs.

Statute Of Limitations For Filing An Unpaid Wage Claim

Being aware of the statute of limitations is critical when pursuing unpaid wage claims in Maryland.  Generally, employees have three years to file a claim for unpaid wages in Maryland.

What Steps Should You Take To Recover Unpaid Wages?

If your employer refuses to pay you, consider the following steps to best position yourself for recovery of your unpaid wages:

  • Document everything: Keep records of your hours worked, pay stubs, and any communication with your employer.
  • Discuss the issue: Communicate with your employer about the unpaid wages to resolve the matter amicably.
  • Consult an attorney: Seeking legal advice can help you understand your rights and explore potential legal actions.
  • File a complaint: If discussions fail, you may want to file a complaint with the Maryland Department of Labor Employment Standards Service (ESS) or the federal Department of Labor to hold your employer accountable.

Conclusion

If you find yourself facing unpaid wages in Maryland, remember that you have rights and legal avenues for recourse.  Contacting an employment attorney can provide guidance tailored to your situation.  For further guidance on wage theft and other employment-related issues, reach out to a member of our team for next steps.

 

 

Photo by Ahmet Kurt on Unsplash
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