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How Do I Collect Back Pay?
Mary McMahon
Mary McMahon
Employees who want to collect back pay usually need a court order compelling their employer to provide the funds, although sometimes it is possible to negotiate a settlement privately. For court orders, it is necessary to go to court and present information about the situation to a judge, who can determine if back pay is owed, and how much the employee should receive. Government agencies can assist with this process and in some cases may file suit on behalf of an employee who has been denied back pay.
Back pay occurs when employees do not receive full compensation for their work because of issues like unpaid overtime, a failure to calculate wages correctly, or being paid at the wrong wage bracket. It is advisable to keep pay stubs and other records of employment, and to check these against personal records. If a disparity appears, the employee can discuss the situation with the employer and attempt to mediate privately before going to court. It is important to be aware that many nations have a statute of limitations, such as two years, on back pay.
If an employer refuses to pay, the employee can file a report with a government agency. The department of labor is usually responsible for handling such disputes, and may have a department that specifically focuses on wages owed. The agency can review the case and may decide to take it to court. It pays the court costs for the suit and works with the court to receive an order. This is more common in cases involving multiple employees or particularly egregious examples of back pay owed.
It is also possible to take the employer to court privately. Employees can file suit under the labor laws of their region to demand pay and receive a court order. This will require some out-of-pocket expenses, and employees may want to balance how much they expect to receive against the costs of filing suit in court. Employers tend to have deeper pockets and may be able to fight the case long enough for the employee's funds to run out, which is something to consider before filing suit.
With a court order to collect back pay in hand, the employee can demand payment from the employer. If the employer refuses to comply, the court can compel the employer to surrender the funds. Employers who feel the order is unjust can potentially file a countersuit to argue their side.
Mary McMahon
Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a WiseGEEK researcher and writer. Mary has a liberal arts degree from Goddard College and spends her free time reading, cooking, and exploring the great outdoors.
Learn more...
Mary McMahon
Ever since she began contributing to the site several years ago, Mary has embraced the exciting challenge of being a WiseGEEK researcher and writer. Mary has a liberal arts degree from Goddard College and spends her free time reading, cooking, and exploring the great outdoors.
Learn more...AS FEATURED ON:
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![Court orders are usually necessary for employees seeking back pay.]()
By: theartofphotoCourt orders are usually necessary for employees seeking back pay. -
![It is advisable to keep pay stubs and other records of employment, and to check these against personal records.]()
By: joéIt is advisable to keep pay stubs and other records of employment, and to check these against personal records. -
![If a worker believes his or her rights have been violated under the labor protection laws, that worker has the right to contact the Fair Labor Standards Board.]()
By: apopsIf a worker believes his or her rights have been violated under the labor protection laws, that worker has the right to contact the Fair Labor Standards Board.
Discussion Comments
My mother qualified for social security disability after a car accident, and she got her monthly payments regularly for a year or so. All of a sudden, the SSI checks stopped coming in, and I had to contact the closest social security office to straighten it out.
As it turned out, it was a clerical error. Someone with a similar name had passed away and the data entry clerk put in the wrong account number. They told me that my mother would get all of her social security disability back pay in one lump sum, but they didn't know when it would be processed. We had to use our own savings and extra income to keep her afloat, but eventually she did get her ssi back pay.
When I was young and hungry, I took a job as a dishwasher at a local restaurant. The manager really should have hired three people to do everything he expected me to do, but I did the best I could do. I started working 60 hours or more per week, but I never got paid overtime. I was too young to know how to complain to the state labor board, so I just put up with it.
Finally, the manager offered me a raise because I didn't quit like a lot of other dishwashers had. He promised me a quarter an hour raise, starting that week. I worked over 120 hours during the next pay period. When I got my paycheck, it was a lot smaller than I thought it should be. My raise was not reported to the payroll company, and neither were my overtime hours.
I came in to the restaurant on my off day and told the manager I wasn't leaving until he paid me all of the back pay I had earned. He wanted to pay it back in food, which only added up to around $10. I told him he owed me 120 quarters, plus overtime. He finally did pay it, but not without a fight.
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