What do I do if my employer is not paying me?

Gather all evidence of hours worked and wages owed. Send a written demand to your employer giving 5 business days to pay. If no response, file a complaint with your country's wage enforcement agency.

How long do I have to claim unpaid wages?

US: 2 years under FLSA (3 if willful). Canada: 2-3 years by province. UK: 2 years. Mexico: 2 months. France: 3 years.

Unpaid Wages: How to Report and Recover What You Are Owed (2026)

Deadlines are strict. Mexico: 2 months. US: 2 years. Canada: 2-3 years by province. UK: 2 years. France: 3 years. Every week you wait is a week of back pay you risk losing permanently.

💰 Types of Unpaid Wages

📫 Missing paycheckYour pay date passed and nothing arrived. The most immediately actionable form of wage theft.

✂️ Systematic underpaymentRegular pay but consistently less than your contract, minimum wage, or what your hours entitle you to.

🔒 Withheld final payTerminated but employer is withholding your last paycheck, accrued vacation, or severance.

⏱ Erased overtimeOvertime hours removed from time records or simply never compensated.

💳 Illegal deductionsUnauthorized deductions for uniforms, equipment damage, or shortages that bring your net pay below what you are legally owed.

📋 How to Recover — Step by Step

STEP 1 — Gather your evidence

Document everything before you act

Pay stubs and bank records showing what was actually paid
Employment contract or offer letter with the agreed rate
Emails or messages where the employer acknowledged the debt
Time records — logs, entry/exit records, email timestamps

Use the WORKWARS wage theft documentation guide.

STEP 2 — Send a written demand

Create an official internal record first

Email HR specifying the exact amount owed and a 5-business-day deadline for payment. Be specific: include the pay periods, the rate owed, and the total amount. This sometimes resolves the issue immediately.

STEP 3 — File with the wage enforcement agency

Free, official, and powerful

You do not need a lawyer. Once the investigation opens, the agency demands the employer produce payroll records. Most wage theft cases settle quickly once investigators have access.

🏛️ Wage Enforcement Agencies by Country

🇲🇽 Mexico — PROFEDET800-911-7877 — 2 months

🇨🇦 Quebec — CNESST1-844-838-0808 — 3 years

🇺🇸 USA — DOL WHD1-866-487-9243 — 2-3 years

🇬🇧 UK — ACAS/HMRC0300 123 1100 — 3 months

🇫🇷 France — Prud'hommesInspection: 3646 — 3 years

🇨🇦 Ontario — MOL1-800-531-5551 — 2 years

What you can recover beyond base wages:

Legal interest: Unpaid wages accrue automatic interest from the date they were due.
Liquidated damages (US): Under FLSA, if the employer cannot prove good faith, you may be owed double the unpaid wages.
Employer fines (Mexico): PROFEDET can impose additional penalties beyond wages owed.
Legal fees: In many jurisdictions, if you prevail, the employer pays your legal costs.

Common Employer Tactics

⚠ Know what employers do to avoid paying what they owe — and how to counter it.

Delaying final paychecks past the legally required deadline hoping workers won't pursue small amounts
Disputing hours worked without written records to reduce the amount owed
Offering partial payment in exchange for a signed release of all further claims
Reclassifying hours as 'training' or 'orientation' to avoid paying the standard wage rate
Using complex pay calculations to obscure shortfalls in hourly or piece-rate pay

What You Should Do Next

Calculate exactly what you are owed — hours worked multiplied by applicable rate, minus any amounts already paid
Gather all pay stubs, bank records, time sheets, and any written communications about hours or pay
Send a written demand to your employer documenting the amount owed and a deadline to pay
File a complaint with your labor board if payment is not received — this is free and does not require a lawyer
Keep records of every step — a paper trail strengthens your case and prevents employer denial

Frequently Asked Questions

Do I need a lawyer to recover unpaid wages?

No. Labor boards in Canada, the US, the UK, France, and Mexico all accept complaints directly from workers at no cost. A lawyer becomes valuable if the amount is large or the employer contests the claim aggressively.

Can my employer deduct from my final paycheck?

Only for specific, legally permitted deductions — not for alleged damages, unreturned equipment, or training costs unless a valid written agreement exists. Unauthorized deductions are themselves wage theft.

What if my employer claims I quit and owes nothing?

The manner of separation does not eliminate wage obligations. Wages earned are owed regardless of whether you resigned, were fired, or were laid off.

Can I be fired for claiming unpaid wages?

Retaliation for asserting wage rights is illegal in every jurisdiction. Document any threats and include them in your complaint — retaliation claims often increase your total recovery.

Start Your Case Find an Employment Lawyer

⏰ Strict Filing Deadlines

Every day you wait is potentially a day of back pay you lose permanently.

2 months

🇲🇽 Mexico

2 years

🇺🇸 USA — FLSA

3 years

🇨🇦 Canada (QC)

3 months

🇬🇧 UK Tribunal

3 years

🇫🇷 France

Start Your Evidence Log Now →

Related Worker Rights Guides

⏱ Overtime Not Paid — Calculate and Claim 📋 Misclassified as Contractor 📝 Document Wage Theft — Full Guide 💰 Employer Stealing Tips — Your Rights

Unpaid Wages: How to Report and Recover

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