How do I prepare a lawsuit petition to claim unpaid wages?

Question from KAYA TÜRKÜ, How do I prepare a lawsuit petition to claim unpaid wages?

Answer from AI:

Unpaid Wages Complaint (Petition)

IN THE [COURT NAME] COURT OF [COUNTY], [STATE]

[PLAINTIFF’S FULL NAME], Plaintiff,

v.

[DEFENDANT’S FULL NAME OR BUSINESS ENTITY], Defendant.

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1. Parties and Jurisdiction

1. Plaintiff – [Plaintiff’s full name], an individual who resides at [address, city, state].
2. Defendant – [Defendant’s full name or corporation], a [type of entity] with its principal place of business at [address, city, state].
3. Jurisdiction – This Court has subject‑matter jurisdiction under:
   • Federal law: 29 U.S.C. §§ 201‑219 (Fair Labor Standards Act – FLSA).
   • State law: [State] Wage Payment Act (or equivalent statute).

2. Factual Background

Fact	Details
Employment period	Plaintiff was employed by Defendant from [start date] to [end date] (or “until termination”).
Job duties	Plaintiff performed [brief description of duties, e.g., “full‑time clerical work, 40 hours per week”].
Compensation agreed	The parties agreed to a wage of $[rate] per hour (or salary of $[amount]).
Unpaid wages	Defendant failed to pay $[amount] for [number] hours worked in [month(s)/period] despite repeated requests.
Overtime (if applicable)	Plaintiff worked [number] overtime hours at a rate of 1.5× the regular wage, which remain unpaid.
Attempts to resolve	Plaintiff sent written demand letters on [dates]; Defendant either ignored or refused to pay.

3. Causes of Action

Count I – Violation of the Fair Labor Standards Act (FLSA)

1. The FLSA requires payment of at least the federal minimum wage for all hours worked and overtime pay at one‑and‑a‑half times the regular rate for hours over 40 per week.
2. Defendant’s failure to pay the amounts described above constitutes a clear violation of 29 U.S.C. §§ 201‑219.

Count II – Violation of [State] Wage Payment Law

1. Under [State] Wage Payment Act, § [section], employers must pay all earned wages promptly.
2. Defendant’s refusal to pay the earned wages described in the factual background breaches this statutory duty.

Count III – Liquidated Damages (FLSA)

1. The FLSA allows a plaintiff to recover liquidated damages equal to the unpaid wages when the employer willfully fails to pay.

Count IV – Attorney’s Fees and Costs

1. Both the FLSA and [State] law authorize the award of reasonable attorney’s fees and costs to a prevailing employee.

4. Prayer for Relief

Wherefore, Plaintiff respectfully requests that the Court enter judgment in favor of Plaintiff and against Defendant, ordering:

• Payment of unpaid wages – $[amount] for regular hours and $[amount] for overtime.
• Liquidated damages – an amount equal to the unpaid wages, pursuant to 29 U.S.C. § 216(b).
• Statutory interest – as allowed by [State] law.
• Reasonable attorney’s fees and costs – as provided by the FLSA and state statute.
• Any other relief the Court deems just and proper.

5. Verification

I, [Plaintiff’s Name], hereby declare under penalty of perjury that the foregoing statements are true and correct to the best of my knowledge and belief.

6. Certificate of Service

I certify that on [date] a true and correct copy of this Complaint was served on Defendant [Defendant’s Name] by [method of service, e.g., first‑class mail, hand delivery, electronic filing] at the address listed above.

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For further guidance on filing wage claims, see the U.S. Department of Labor’s Wage and Hour Division page (U.S. Department of Labor – Wage & Hour Division) and the FindLaw overview of unpaid wages and overtime (FindLaw – Unpaid Wages & Overtime).

Note: This template is a general example. Specific procedural rules (e.g., filing fees, formatting, required forms) vary by jurisdiction. Consulting a licensed attorney is strongly recommended to tailor the petition to your particular facts and local court requirements.