John A. Klassen, PA Minnesota Employment Law Attorney
612-217-4988 877-390-4527

When should I file a wage claim after leaving a job in Minnesota?

Minnesotans who have left a job in any way - whether they were dismissed or left of their own accord - should know when they are being deprived of their rights to receive wages and employee benefits to which they are entitled. Regardless of the circumstances of the departure, workers have the right to get what they are owed. If an employer fails to provide those wages and benefits, the former worker can consider a wage claim. Understanding employee rights under state law is a key part of a case.

If an employee was fired, terminated or discharged from a job, he or she has the right to get the wages or commissions once they have made a demand for payment. This payment must be provided within 24 hours. If the employee left the job voluntarily, he or she is due the wages and commissions on the next payday. When the payday occurs within five days of the final day the former employee worked, there will be 20 days for the employer to pay the former employee.

To get the final wages, there are several steps that a former employee can take. First, a letter can be written to demand the wages. Workers are advised to send it certified to have proof that it was received. After the employee receives the letter and payment is still not provided as it should have been, the former employee can notify the Labor Standards unit and pursue a wage claim. All the vital information including the person's name, the employer, when the last day of work was, when the payment was requested and how much is owed must be given to the unit.

If none of these strategies are successful in getting the wages, the former employee can consider a lawsuit. It is important to remember that employees have the right to receive a full day of wages for every day in which the employer is late on making the payment. This is maximized at 15 days. Employees who have been dismissed or left a job on their own should remember that they should be paid for the work they did even if they have departed the job on poor terms. When employers violate a worker's employee rights by failing to pay their wages, it is imperative to have legal assistance to get what is owed. An experienced employment rights attorney can help.

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John A. Klassen, PA
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