When you resign, experience a layoff, or suffer termination, your employer must pay you all wages you are owed. Unfortunately, not all employers follow the law, and many workers in Phoenix find themselves waiting for a final paycheck that never arrives.
If this has happened to you, you should take immediate action and determine whether you have a wage and hour claim.
Wage Laws Concerning Paychecks in Arizona
Arizona has specific laws regulating when employees must be paid their final wages. These laws are primarily found in the Arizona Revised Statutes (A.R.S.) § 23-353.
Generally, if you are terminated or laid off, your employer must pay all wages due within seven working days or by the end of the next regular pay period, whichever comes first. If you quit your position, you must be paid by the next regular payday.
“Wages” include not only your base salary or hourly pay, but also commissions, bonuses, and earned but unused vacation time (if company policy treats it as a wage).
Importantly, Arizona law does not require employers to pay unused sick time unless their company policy or employment agreement provides for it.
What To Do if You Haven’t Received Your Check
Failing to issue a final paycheck on time is considered unlawful withholding of wages. If you haven’t received your final paycheck within the legally required time frame, here are the steps you should take:
1. Contact Your Employer First
Sometimes, delays are due to processing or payroll errors. You should reach out in writing to your former employer or the human resources department to check in on an unissued paycheck. Politely request clarification on the delay and ask for a specific payment date.
2. Document the Process
It’s important to collect evidence in the event you need to take legal action. You should keep detailed records of:
- The date of your termination or resignation
- Pay periods and hours worked
- Communication with your employer
- Copies of your employment contract or offer letter
This documentation will be crucial to resolving your payment issues, especially if you need to escalate your complaint.
3. File a Wage Complaint With the Arizona Industrial Commission
If your employer still refuses to pay, you can file a wage claim with the Labor Department of the Industrial Commission of Arizona (ICA). You can file a claim if your unpaid wages are under $12,000. You must initiate your claim within 1 year of when they were due.
The ICA investigates wage claims and may order your employer to pay the wages owed. If your claim exceeds $12,000, you may need to pursue a civil action or file a claim with the U.S. Department of Labor, Wage and Hour Division instead.
4. Determine Whether To Take Legal Action
If the ICA cannot resolve the issue, you may have the right to sue your employer in court. Under Arizona law, if your employer has willfully withheld wages, you may be entitled to treble damages.
Can I Seek Compensation for Back Wages in Arizona?
Yes. In Arizona, you may be entitled to treble damages for unpaid wages. That means you can recover up to three times the amount of unpaid wages. For example, if you’re owed $2,000 in final wages and your employer acted in bad faith, you may be able to recover up to $6,000 in damages.
To succeed in a claim for treble damages, you’ll typically need to show:
- You were owed wages.
- You made a demand for payment.
- The employer deliberately refused to pay.
Your damages claim can also cover potential attorney’s fees and court costs.
Contact an Experienced Phoenix Wage & Hour Lawyer for Help
If you’re dealing with a delayed or missing final paycheck in Phoenix, Arizona, a wage and hour attorney can help you. Your legal team can explain your rights and deadlines, file a complaint, negotiate on your behalf, and work to maximize recovery.
Importantly, Arizona law imposes strict deadlines for filing wage claims. You should speak with a knowledgeable Phoenix wage and hour lawyer as soon as possible to protect your rights. Contact Houk Employment Attorneys today for a confidential consultation.
For more information, please contact the experienced employment attorneys at Houk Employment Attorneys to schedule an initial consultation today.
Our employment law firm is conveniently located near you, with an office in Phoenix, AZ.
Houk Employment Attorneys
1850 N Central Ave Suite 2010, Phoenix, AZ 85004
(480) 569-2377
