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Steps on How to Gain a Settlement Process on Salary-Related Claims

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Some circumstances in life might lead to employees to file wage claims to get what they’re owed from unpaid salaries. This could be due to an accident, on-the-job injuries, sabbaticals that were supposed to be paid, discrimination, disability suits, and much more. When you’re going through these circumstances, the right choice for you is to file for a salary-related claim when your employer isn’t paying you what you’re owed. But many people don’t know how to start the process or how it works. Read on to learn more about the steps needed to gain your wage claim settlement.

Where to Start

You need to start by contacting the Bureau of Labor and Industries or the labor program in your country to file a wage complaint. This complaint would be the claim filed against your employer and the people that operate in this program will start to investigate the matter. It’s their job to protect the rights of every employee and worker and they make sure that everyone is getting fair wages. Just remember that you need to make sure you’ve given the labor program all the information needed, filling out every part of their form and attaching any useful or important documentation, like pay stubs or medical reports that can help support your claim. 

The Process

You will get a form that you need to fill in with your basic information to start the process. This form should include your full name, phone number, the last four digits of your ID, and your address. Also, you will need to fill out information regarding your job. This will include the name of the company you work for, your position, the company hotline or contact number, the company’s address, and your employer’s name. 

 

Moreover, you will need to fill out information regarding your income. This will include the exact amount you get per month, the amount you believe is due but unpaid, inclusive dates in which you usually get paid, inclusive dates in which you were supposed to get paid but did not, and any document or payment slip that can support this information. Keep in mind that you can state estimates if you’re not sure how much you should have been paid. Double-checking your calculations to be accurate would be better for you.

 

Keep in mind that filling out the dates is very important, whether you get paid by the hour or not. This means that you need to fill out the form part that has the calendar and report the exact number of hours you worked and were not paid for. Also, include the days where you were forced to stay home and didn’t get paid because of a disability, unjust deductions, injury, or paid leave. After that, you will need to sign the “Assignment of Wages” part to give the labor program permission to investigate and possibly collect the unpaid wages for you.

Getting Legal Counsel 

You might need to consider getting legal counsel because the process is lengthy. Experienced attorneys will know what to do with salary-related claims and the process that follows it. If you’re living in Canada, the process might be a little tricky when it comes to reimbursements or benefits. Though disability benefits can help you cover a wide range of bills, Justin Kimball from the Preszler Law Firm in Halifax says you shouldn’t expect them to match the salary that you used to have. But this is the case in Nova Scotia, whether your claim was because you feel that you’re discriminated against, you suffered an injury on the job and didn’t get enough compensation, unlawful deductions, and much more. Even though you might not get the exact amount you want, it’s still better than nothing at all, and the appeal process would be easier with an attorney.

The Investigation Process

The people in charge of regulating labor matters in your country will accept your forms and complaints and send them to your employer. They will then get all the information they need from both parties. This will be through an extensive investigation to see if you really did have money owed to you or did your employer complies with the basic requirements that the law stipulates. The representative or investigator will contact you for additional information and will also contact your employer for additional clarification. 

 

Once the investigation is concluded, the labor program or bureau of labor and industries will assess the situation and they will give you and your employer their final verdict on the matter. Hopefully, they would side with you and not your employer. But if that didn’t happen, you can file for an appeal with the help of an attorney and you can continue to pursue the dispute. 

The Collection Process

You need to understand that the collection process has a specific time limit. When the investigators rule in your favor, your employer is bound by the law to give you the settlement. You will also get a settlement if your lawyer was successful in winning your case after an appeal. 

 

You can collect your money directly from your employer or you can have the labor program set up a system that would mail the money from your employer to your address. Also, if a mailing system isn’t possible, someone from the labor program can collect the money on your behalf and personally send it to you. So, just remember to have the correct address and inform the labor program’s representatives if you moved and changed addresses.

 

After going through this, you should feel much more confident and better equipped to take on a situation such as this where you need to go after what’s rightfully yours. Wage disputes are quite common and they’re one of the worst events that could happen to someone. 

 

People not getting compensated or reimbursed for their troubles is one thing, but to have your employer think that you don’t deserve to get paid is something far worse. This is why there are laws that help employees and workers get exactly what they’re owed and the means to live their lives normally again when they can’t work anymore.

 

 

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