You can sue a company for not paying you after a specific waiting period, which depends on your state’s wage laws. In most states, employees must first file a wage complaint or contact the employer before pursuing legal action. The waiting period typically ranges between 30 and 180 days, based on whether the claim involves unpaid wages, misclassified labor, or a contract dispute.
Understanding how long until you can sue a company for not paying you helps you avoid missing your legal deadline, known as the statute of limitations.
You can sue a company for not paying you after 30 to 180 days, depending on your state and claim type. Most cases require contacting your employer and filing a formal complaint before you can take legal action.
Legal Deadlines: How Long Do You Have to Sue a Company for Unpaid Wages?
You have a limited time window, between 2 to 6 years, to sue a company for not paying you, depending on federal or state law.
Understanding Statutes of Limitations for Wage Claims
The statute of limitations is the legal deadline to file a wage claim or lawsuit. The time limit depends on your location, claim type, and wage law. Federal and state laws provide different deadlines:
- Federal Wage Claims (FLSA): 2 years from the violation date
- Willful Federal Violations: 3 years from the violation date
- Minnesota Unpaid Wage Claims: 2 years for simple wage claims, up to 6 years for contract violations.
- Retaliation Claims: 2 to 3 years from the retaliatory act.
What Happens If You Miss the Deadline?
You cannot sue or recover unpaid wages through legal action if you miss the statute of limitations. Courts will not allow you to proceed even with strong proof if your claim is time-barred. When the statute of limitations expires:
- You lose your legal right to file a wage claim or lawsuit
- Your employer is no longer required to pay you
- Courts dismiss your case, even if the claim is valid
- Only rare exceptions apply, such as employer fraud or concealment
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How to Sue a Company for Not Paying You
Follow four legal steps to sue your employer for unpaid wages. Each step helps you build your case, prove wage theft, and take action before deadlines expire.
Step 1: Collect Records of Your Work and Unpaid Wages
Gather clear evidence before filing any legal complaint. Documents help prove your hours worked and wages unpaid.
Collect the following five items:
- Pay stubs: Show hours worked and wages paid.
- Timesheets or work logs: Prove your actual working hours.
- Bank statements: Verify missing direct deposits.
- Emails, texts, or contracts: Document payment agreements.
- Coworker statements: Strengthen your case with witness testimony.
Step 2: Send a Formal Wage Demand Letter to Your Employer
A formal wage demand letter increases the chances of resolving wage disputes before legal action begins. Employers take these letters seriously, especially when sent by an attorney. Include these four parts in your letter:
- A summary of unpaid wages and dates.
- A request for immediate payment.
- A deadline (e.g., 10–14 days) to respond.
- A statement that legal action will follow if payment isn’t made.
Step 3: File a Wage Complaint with the Department of Labor (DLI)
File a wage claim with the Minnesota Department of Labor and Industry (DLI) or the U.S. Department of Labor (DOL) if your employer ignores your demand letter. You have two options:
- Minnesota DLI Wage Complaint: Handles unpaid wages, final checks, and illegal deductions
- Federal DOL Complaint: Handles federal wage violations like unpaid overtime or worker misclassification
Step 4: Seek Legal Help
Hire a wage attorney to take legal action if the agency cannot recover your wages. A lawyer will:
- File a lawsuit to recover wages, penalties, and interest
- Negotiate a fair settlement with your employer
- Protect you if your employer retaliates
What Types of Unpaid Compensation Can You Sue For?
Wage theft includes unpaid overtime, below-minimum wages, illegal deductions, and employee misclassification. You can sue to recover these unpaid amounts under federal and state labor laws.
Unpaid Overtime & Minimum Wage Violations
Federal and state laws protect workers from wage violations. Federal law requires non-exempt employees to receive overtime pay for all hours worked over 40 in one week. State laws provide stronger wage protections. Employers frequently violate these laws in four main ways.
- Misclassifying employees as “exempt” to avoid overtime pay
- Requiring off-the-clock work after employees clock out
- Paying a fixed salary that ignores overtime hours
- Altering timesheets to reduce recorded work hours
Employee Misclassification & Illegal Deductions
Some employers avoid wage laws by misclassifying workers or deducting illegal amounts from paychecks.
You are misclassified if your employer controls your work schedule, your job duties, and how your work is performed. Misclassified workers lose legal wage protections, including overtime, benefits, and minimum wage.
Employers violate wage laws with illegal deductions, including:
- Charging for uniforms, tools, or job expenses
- Deducting pay as punishment or discipline
- Withholding final paychecks after resignation or termination
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How Much Can You Recover in Unpaid Wages?
You recover lost wages, interest, penalties, and legal costs if you win your case. In retaliation cases, you will recover additional damages.
Back Pay & Interest: What You’re Owed
Courts award back pay and interest in nearly every unpaid wage claim.
You recover:
- Back pay – The full wages your employer failed to pay
- Interest – Payment added based on delay and wage amount
- Additional damages – If the employer acted illegally or willfully
Penalties, Liquidated Damages, & Additional Compensation
Employers must pay penalties for violating federal or Minnesota wage laws.
In many cases, the court awards:
- Liquidated damages – Equal to 100% of the unpaid wages
- Double wage recovery – You receive both the original amount and the penalty
- Civil penalties – Minnesota law imposes fines for repeat or serious violations
Retaliation Damages: Can You Recover More If You Were Punished?
Yes. You recover more money if your employer retaliated against you.
Courts award three types of damages, depending on the case, if you were fired, demoted, or harassed for filing a wage claim:
- Lost wages – For missed income from wrongful termination or demotion
- Emotional distress damages – For the harm caused by retaliation
- Punitive damages – Extra punishment for employer misconduct
Attorney Fees & Costs: Can You Recover Them?
Yes. Most wage laws allow you to recover attorney fees and court costs if you win.
This means:
- You can sue without worrying about legal bills
- The employer pays legal costs if found liable
- Workers can file claims without upfront attorney fees
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What are Unpaid Wages and Your Legal Options
Unpaid wages include five types of compensation your employer fails to pay. You can file a wage claim or a lawsuit to recover that money.
What Qualifies as Unpaid Wages?
Unpaid wages include missed pay, withheld checks, unpaid overtime, and illegal deductions. Here are five common types of violations that are illegal under both federal and state laws:
- Missed Paychecks – Your employer did not pay your salary, hourly wage, or commission.
- Unpaid Overtime – You worked over 40 hours in a week without time-and-a-half pay.
- Final Paycheck Withheld – You resigned or were fired and didn’t receive your last paycheck.
- Misclassification – You were treated as an independent contractor instead of an employee.
- Illegal Deductions – Your paycheck was reduced for equipment, uniforms, or other unauthorized charges.
Wage Claim vs. Lawsuit: Which One is Right for You?
You must usually file a wage claim before suing your employer. Each option has different legal paths and benefits. Let’s look at which one is right for you:
| Wage Claim (Labor Agency) | Lawsuit for Unpaid Wages |
|---|---|
| Filed with a state or federal labor board (e.g., the U.S. Department of Labor or your state’s labor department). | Filed in civil court with the help of an attorney. |
| Typically free or low-cost to file. | May involve attorney fees but can result in higher compensation. |
| Usually faster (weeks to months). | Can take longer (months to years) but may offer larger damages. |
| Best for smaller claims or straightforward cases. | Best for complex cases, large sums, or employer retaliation. |
Legal Protections for Workers Facing Wage Theft
Federal and state laws protect workers from wage theft and employer retaliation. You have the legal right to recover your wages if your employer fails to pay you.
Laws That Protect Workers From Wage Theft
The Fair Labor Standards Act (FLSA) is the primary federal wage law for unpaid wages that guarantees minimum wage, overtime pay, and protection against wage theft. Under the FLSA, you have the right to:
- Receive full wages for every hour you work
- Earn overtime pay if you work more than 40 hours in a week
- Avoid illegal paycheck deductions such as equipment costs or damage fees
Employer Retaliation: What You Need to Know
Retaliation for wage complaints is illegal under both federal and state laws. You have the right to sue for lost wages, emotional damages, and punitive penalties if you experience retaliation. Many workers fear employer retaliation for filing wage claims. Retaliation includes:
- Getting fired, demoted, or reassigned to a lower-paying role.
- Being harassed, intimidated, or threatened.
- Having work hours unfairly reduced.
How Can an Employment Law Attorney Help You Sue Your Company
An employment lawyer helps you choose the right legal path, collect strong evidence, protect your rights, and win maximum compensation.
Choosing the Best Course of Action
A lawyer reviews your case and selects the strongest legal approach. They determine:
- Whether a wage claim or lawsuit is more effective
- If settlement negotiations can recover money faster
- Whether additional claims like retaliation apply
Gathering Strong Evidence & Documentation
Employment attorneys build solid claims with documented proof. They collect:
- Payroll records and work timesheets
- Employer emails and policies
- Witness testimony or expert analysis
Maximizing Compensation & Handling Employer Negotiations
Attorneys negotiate to recover the highest possible compensation.
Most wage cases settle before trial. A lawyer helps:
- Avoid unnecessary delays
- Secure full back pay and penalties
- Enforce legal deadlines and demands
Protecting You from Retaliation and Legal Pitfalls
A lawyer prevents errors that can hurt your case and shields you from retaliation.
They ensure you:
- File your claim on time
- Avoid legal mistakes or weak documentation
- Are protected from employer threats, firings, or harassment
Why Choose Madia Law for Your Employment Litigation Case?
Madia Law helps Minnesota workers win unpaid wage claims, retaliation lawsuits, and employment settlements.
Proven Track Record of Winning Employment Cases
We’ve successfully helped employees recover $400 thousand to $4.5 million in employment ligitation cases, including unpaid wages, overtime, and retaliation claims. We know how to identify employer violations, build strong claims, and win compensation in and out of court.
Personalized Advocacy for Each Client
No two wage theft cases are the same. We take the time to understand your specific situation and tailor a legal strategy that works best for you. We’ll guide you through every step, whether you need to file a wage claim, negotiate a settlement, or take your employer to court.
Fearless Trial Representation Against Large Employers
Madia Law will take your case to trial if a settlement won’t get you paid. We don’t back down from big employers or national corporations. We fight to get every dollar you’re owed.
Discuss Your Legal Options With Us
You don’t have to fight alone if your employer owes you money. You can discuss your case with us and understand your legal options. We’ll explain your legal options, give you honest answers, and help you take action before time runs out.
FAQs About Suing for Unpaid Wages
Do I need a lawyer for a wage claim?
No, you don’t always need a lawyer for a wage claim, but having legal representation can increase your chances of recovering full wages and penalties.
Can I still file a claim if I left the job?
Yes! You can file a claim even if you quit your job or were fired.
What if my employer goes out of business?
If your employer goes out of business, you can recover wages through government agencies or corporate officers.
Is it worth suing an employer for unpaid wages?
Yes, it is worth suing an employer, especially if you are owed a significant amount or if penalties apply.
What if my employer offers a partial payment?
Be very cautious about accepting partial payments. Accepting a partial payment can waive your right to full compensation.
What happens if you sue a company that can’t pay?
If you sue a company that can’t pay, they must pay through legal settlements or bankruptcy proceedings if you win the case.
Should I quit my job if I’m suing my employer?
Not necessarily! Quitting your job could impact your case, so you should consult an attorney first.
What if I signed a contract that waives my right to sue?
Some waivers are unenforceable, but an attorney can review and provide expert guidance on all elements of your contract.
Take Action Now: Get the Wages You Deserve – Contact Madia Law LLC Today
Don’t wait if your employer owes you wages. The law protects your rights, but strict deadlines apply.
Contact Madia Law today for a case review. We will evaluate your unpaid wage claim, explain your legal options, and help you take action before your deadline expires.
Call 612-349-2729 or complete a Case Evaluation form
