Unpaid Wages for Unclaimed Hours By Dan Atkerson on May 15, 2022

distraught employeeThere are numerous employment laws in place to protect a worker’s right to fair wages. Employees should be fully compensated for all the hours of work they provide, and pay should be provided within a reasonable timeline. Unfortunately, some employers find ways to deny workers the full amount of wages they are due.

One common wage dispute involves unpaid wages for unclaimed hours. While these types of claims can be difficult to prove, unpaid wages lawyer Dan A. Atkerson is prepared to assist workers in AllenTX, Plano, TX, Frisco, TX, and surrounding areas in holding employers liable for the full amount of wages that are rightfully due.

What Are Unclaimed Hours?

Unclaimed hours are hours of work that are performed “off the clock,” or during times when an employee is not actively reporting work hours. It seems unusual for employees to have unclaimed hours of work, but it is actually fairly common. Oftentimes, workers are even encouraged by their employers to provide unclaimed hours of work, either by asking a worker to stay after they have already clocked out of work, or by encouraging them to put in extra time on days off. Other examples of unclaimed hours include:

  • Working through unpaid meals or breaks
  • Working unclaimed hours of overtime
  • Performing work at home
  • Working while on vacation or out on sick leave

How Do I Prove Unclaimed Hours?

When hours are unclaimed, it means that they have not been officially reported to an employer. Although the employer usually knows that an employee is working off the clock, it is easy for them to deny wage claims involving unclaimed hours, because there is no official documentation of the hours. To substantiate a claim of unpaid wages for unclaimed hours the employee needs to show that they worked unpaid hours, and that their employer was aware of those hours (and possibly even encouraged them).

Although it can be difficult to prove a case involving unclaimed hours, it is not impossible. To prove an unpaid wages lawsuit for unclaimed hours, attorney Atkerson may rely on several different types of evidence, including:

  • Notes, diaries, or any other documentation to demonstrate the hours were worked
  • Time-stamped inter-office communications during unclaimed hours
  • Witness testimony
  • Pay stubs showing the hours were not paid

What Type of Compensation Am I Due?

Individuals who have been denied pay for unclaimed hours have the right to pursue financial compensation. Attorney Atkerson considers all potential sources of damages in an unpaid wages case, which may include:

  • Full back pay for unclaimed wages
  • Interest on unpaid wages
  • Court fees and attorney costs
  • Penalties (awarded in certain cases where it can be demonstrated that the employer willfully advised the employee to work without making a claim for hours)

Contact Our Law Firm

If you have been denied pay for unclaimed hours, attorney Dan A. Atkerson can help you consider if it is in your best interest to file an unpaid wages lawsuit. To discuss the details of your situation, call our law firm at (214) 383-3606, or send us a message online and request a personal consultation.

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Dan Atkerson

Law Offices of Dan A. Atkerson

Dan A. Atkerson has been protecting the rights of North Texas employees for over nearly four decades. He is affiliated with several prestigious legal organizations, including: 

  • United States Court of Appeals Fifth Circuit
  • State Bar of Texas
  • Texas Supreme Court and all Texas trial and appellate courts 
  • Texas federal courts for the Northern and Eastern Districts of Texas
  • United States Court of Appeals for the Fifth Circuit
  • State Bar of Texas
  • Dallas Bar Association 

Through aggressive, knowledgeable representation, he has helped clients all over the state reach significant verdicts and settlements. To schedule your free consultation at our law firm, request an appointment online or call us at (214) 383-3606.

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