The right of an employee to compensation is based on either an express or implied contract. Whether the employment contract is express or implied, it need not be formalized in order for the terms of employment to begin. Once employment has begun, the employment contract represents the right of the employee to be paid the wages agreed upon for services he or she has performed and the right of an employer to receive the services for which the wages have been paid.
North Carolina Complaint for Recovery of Unpaid Wages
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How to fill out Complaint For Recovery Of Unpaid Wages?
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To withhold or divert a portion of a current employee's wages for cash shortages, inventory shortages or loss or damage to an employer's property, the employer may make deductions from wages upon providing seven days notice in addition to complying with the other deduction provisions, including the written ...
If your employer failed to pay the wages they owe, you may have a claim under the Wage and Hour Act. You may pursue this claim by filing a claim with the North Carolina Department of Labor, the U.S. Department of Labor, or by filing a lawsuit.
You can also choose to file a lawsuit for unpaid wages. Whatever route you take, your employer cannot punish you for asserting your right to payment. If your employer retaliates against you, you may have a claim for retaliation under a statute such as the North Carolina Retaliatory Employment Discrimination Act.
If you feel that your working conditions are unsafe or unhealthy, a complaint can be filed either online or by phone at 1-800-625-2267.
There is a two-year statute of limitations on all wage claims cases with the state of North Carolina, so if you wait more than two years after you are owed wages to file a complaint, the Department cannot do anything for you.
A bona fide employer error that results in an overpayment of wages to an employee is also considered a ?pre-payment? of wages and may be recouped from subsequent wages without regard to the deduction requirements.
NCDOL - Wage and Hour Bureau All NCDOL wage complaints must be filed by calling 800-625-2267.