If your employer isn’t paying you correctly, whether it’s your hourly wages, overtime, commissions, bonuses, split shift premiums, or meal and rest break premiums, you may be wondering how to demand your unpaid wages without getting fired.
Matt Ruggles is an employment lawyer with over 30 years of experience helping California employees recover unpaid wages and protect themselves from retaliation. He understands that workers often feel trapped and afraid to speak up about wage violations for fear of losing their jobs. Under California law, however, it is illegal for an employer to fire or punish you for asserting your right to be paid properly.
In this blog, Matt explains common fears employees have when trying to recover unpaid wages and outlines how to approach the conversation with your employer in a way that protects your legal rights and improves your chances of getting paid.
Introduction
As a California employment lawyer, I’ve seen it all and let me be clear: it’s not unusual for employers to underpay their workers. Sometimes it’s an honest mistake, but far too often, it’s deliberate. Employers may be trying to cut costs, boost profits, or assume their employees won’t push back. Regardless of the reason, the result is always that employees are denied the wages they’ve rightfully earned under California law.
Your employer wouldn’t hesitate to hold you accountable for failing to follow workplace policies or procedures. Why should they be exempt from following the law themselves? California’s wage and hour laws exist to protect you from this exact kind of abuse, and there is no reason you shouldn’t assert your right to be paid every dollar you’ve earned.
What Counts as Unpaid Wages Under California Law?
Unpaid wages come in many forms. Here are some of the most common:
- Straight hourly wages that aren’t fully paid
- Overtime that’s ignored or miscalculated
- Split shift premiums that go unpaid
- Meal and rest break premiums when breaks are missed or denied
- Commissions that are earned but withheld or delayed
- Bonuses that meet the criteria of earned compensation but are never paid
- Delayed paychecks with excuses like “we’re short on cash this month”
To learn more about wage theft, read my blog: 5 Most Common Wage Violations in California
I’m Afraid I’ll Get Fired If I Complain About My Unpaid Wages
Look – you’re already getting screwed. If your employer is not paying you, that’s not an accident. It’s intentional. Your employer already decided they don’t care about their liability because they assume you won’t do anything.
You say you’re worried about retaliation? You’re already putting up with wage theft. This idea that they’ll start retaliating only after you say something is false. The illegal mistreatment (stealing your pay!) is already happening.
What is the Most Effective Way to Ask My Employer for Unpaid Wages?
You’ve got to approach it like a police report. Stick to the facts. Organize everything chronologically and present your request in a professional, respectful manner. This isn’t the time to argue about the law or accuse anyone of wrongdoing. Your goal is to clearly document the issue and give your employer an opportunity to fix it.
Here’s how to structure a request to your employer:
- Say when you worked.
- Say what you were supposed to be paid.
- Say what you actually got paid.
- Keep it short and focused—no legal arguments or emotional language.
- Be polite and respectful in tone.
- Give them a specific deadline to respond or correct the issue.
This approach creates a clean paper trail, shows that you’re acting in good faith, and avoids giving your employer any excuse to claim confusion or hostility.
How to Write a Professional Email Asking for Your Wages
Below is an example of a properly worded message that outlines the issue clearly, keeps emotions out of it, and gives your employer a chance to correct the mistake:
Subject: Request for Correction of Unpaid Wages
Dear [Manager/Supervisor’s Name],
I hope this message finds you well. I’m writing to bring to your attention an issue regarding my recent wages.
I worked from [start date] to [end date], during which I was scheduled to be paid [state rate or salary, e.g., $25 per hour for 40 hours per week]. However, in my paycheck issued on [date], I received only [amount actually received].
Based on my records, it appears I am owed [amount you believe is unpaid]. Please review and let me know if there is any additional information you need from me. I would appreciate it if this could be addressed by [reasonable deadline, e.g., next Friday, May 23].
Thank you for your time and attention to this matter.
Best regards,
[Your Full Name]
[Your Job Title, if applicable]
[Your Contact Information]
This type of message shows that you’re serious, reasonable, and aware of your rights.
Why Does My Request for Unpaid Wages Need to Be in Writing?
Because if this turns into a legal claim, it’s going to be your word against theirs. And they know the issue better than you do. You want a record of what you said, what they said, and when. Putting your demand in writing makes that possible.
Will My Employer Retaliate Against Me for Sending an Email for Unpaid Wages?
This is one of the most common fears employees have when asking for unpaid wages. I’ve heard from many frustrated employees who worry that sending an email might seem adversarial, but the reality is you’re not the one picking a fight. The employer made the first move by failing to follow the law and pay you all wages owed.
Several California labor laws protect you from retaliation when asserting your right to be paid:
- Labor Code § 98.6 – Prohibits retaliation against an employee for filing a wage claim or complaining about unpaid wages, whether internally or to the Labor Commissioner.
- Labor Code § 1102.5 – Protects whistleblowers who report legal violations, including wage and hour violations, to a supervisor or government agency.
- Labor Code § 1197.5(k) – For wage claims involving unequal pay, this provision adds additional anti-retaliation protections.
- Fair Employment and Housing Act (Gov. Code § 12940(h)) – Generally applies to retaliation for asserting rights related to discrimination, not wage claims. However, if the wage issue is tied to a protected characteristic (such as being denied pay due to gender or disability), FEHA may also apply.
Most employers understand these protections and know that retaliating against an employee for raising a legitimate wage concern only compounds their legal risk.
For more on this issue, read my blog: Is Being Fired After Filing a Complaint Considered Wrongful Termination?
What If My Employer Calls Me Instead of Responding to My Demand in Writing?
If they respond verbally, you confirm it in writing. You should send an email like this:
“Hey Frank, thanks for calling me. I just want to confirm what you said: [insert summary]. If that’s not correct, please let me know.”
Get everything related to unpaid wages in writing. Always.
What If My Employer Denies Responsibility for Unpaid Wages and Refuse to Pay Me?
Let’s say you ask to be paid, and your employer comes back with some excuse, maybe they say you misunderstood the hours, or that you weren’t authorized for the overtime, or that the commission plan changed. Whether they’re confused or just trying to dodge liability (most likely), the next move is the same: you ask for clarification.
Here’s how you should respond:
Initial request for explanation:
“Hi [Manager’s Name], thank you for your response. Can you please clarify why I was not paid for the hours I worked between [insert dates]? According to my records, I worked [insert total hours], and I don’t see those reflected in my paycheck dated [insert date]. I’d appreciate any documentation you have that explains the discrepancy.”
If they don’t respond, or they give you an explanation that doesn’t make sense, you don’t just drop it. You respond again, calmly but directly:
Follow-up if their explanation is bogus:
“Hi [Manager’s Name], I’ve reviewed your explanation, but I don’t believe it addresses the issue. I’m still requesting to be paid for the hours I worked from [insert dates], which totaled [insert number] hours. I have attached a copy of my records for reference. Please confirm that this will be corrected by [insert deadline, e.g., next Friday, May 23].”
This keeps the pressure on without being disrespectful. You’re being clear, organized, and persistent and that’s exactly what the law protects.
Can I Resolve an Unpaid Wages Dispute on My Own?
You can try. But your odds go way up if you have a lawyer. Yes, that involves a fee. But if you have a valid claim, especially if the employer retaliates, you’re not just talking about recovering wages anymore. Now you’re talking about additional damages for the retaliation.
Employers understand what a lawsuit means. They often won’t fix a wage underpayment until they see that you’re serious and that means you getting legal representation.
Why Would a California Employer Ever Pay Unpaid Wages Without a Legal Fight?
If they didn’t do anything wrong, they would’ve paid you correctly in the first place. But they made a decision not to. If you bring it up and they don’t fix it right away, that tells you everything. They’re not going to fix it unless they’re forced to.
What Are My Options if My Employer Refuses My Unpaid Wages Demand?
If your employer ignores your email or refuses to pay you what you’re owed, you’re not out of luck, but now it’s time to escalate. At this point, you’ve got two main options, and they’re very different in terms of time, leverage, and results.
Option 1: File a Wage Claim with the California Labor Commissioner
This is the do-it-yourself option. You can file a claim through the California Labor Commissioner’s office and ask them to step in. It doesn’t cost anything, and you don’t need a lawyer.
But here’s the honest truth: the process is painfully slow. It can take months just to get a response—sometimes more than a year before a hearing is even scheduled. And once you’re there, you’ll be expected to present evidence, respond to legal arguments, and possibly deal with an employer who brings a lawyer while you represent yourself.
It’s an option, and in simple cases it can work. But don’t expect quick results or personalized help. The system is overloaded and underfunded, and you’re just one of thousands of wage claims in the pipeline.
Option 2: Hire an Employment Lawyer to Send a Formal Demand Letter
If you want to get your employer’s attention, and you don’t want to wait a year to do it, having a lawyer send a demand letter changes everything. When I send a demand, the message is clear: my client is serious, the employer is exposed, and if this doesn’t get resolved quickly, a lawsuit is coming next.
In many cases, this approach leads to faster resolution. The employer understands the risk and the cost of litigation, and they often prefer to settle rather than fight a claim they’re likely to lose.
And if they don’t settle? Then we file a lawsuit and now you’re not just talking about unpaid wages. You’re talking about penalties, interest, and possibly retaliation damages too.
Conclusion
If you’re not being paid correctly, you’re already in a vulnerable position and staying silent won’t fix it. I’ve helped hundreds of California employees navigate this exact situation. The truth is, once you know your rights and take action, you’re no longer powerless. You’re protected under the law, and in many cases, you’re in a stronger position than you think.
Asking for your unpaid wages isn’t about confrontation. It’s about accountability. You have every right to expect your employer to follow the law just like you’re expected to follow their policies. If they retaliate, that’s not the end of your claim. It’s the beginning of a much more valuable one.
Don’t let fear keep you from what you’ve earned. Take that first step. Put it in writing. And if they don’t fix it, or if they make things worse, call me. We’ll talk about your options, and if there’s a case to be made, I’ll help you make it.
Contact the Ruggles Law Firm at 916-758-8058 to Evaluate Your Potential Lawsuit
Matt Ruggles has a thorough understanding of California employment laws and decades of practical experience litigating employment law claims in California state and federal courts. Using all of his knowledge and experience, Matt and his team can quickly evaluate your potential claim and give you realistic advice on what you can expect if you sue your former employer.
Contact the Ruggles Law Firm at 916-758-8058 for a free, no-obligation consultation.
Blog posts are not legal advice and are for information purposes only. Contact the Ruggles Law Firm for consideration of your individual circumstances.
