I get so many calls each week from employees about recovering unpaid wages in South Carolina. Very often, these calls are about unpaid final paychecks or a missed pay period or two. The amount of money at issue may be only a few hundred dollars. There’s not much I can do as an employment lawyer to help recover those amounts, because there’s no way to make it cost effective for the client. If I decide to get involved in an unpaid wages case, I normally handle those types of claims on a contingency fee basis, meaning I must be confident that I can prevail and can recover enough money for the client and for an attorney’s fee.
The best option in those cases is normally for the employee to file a wage complaint with the South Carolina Department of Labor, Licensing and Regulation and to file a lawsuit in small claims court (magistrate’s court) to recover the amounts owed. It’s no less unlawful for a company to steal a few hundred dollars of wages from an employee than it would be to steal a whole lot of wages, but companies know that many employees may just walk away, leaving the company to keep the amounts lawfully owed.
Options for Recovering Unpaid Wages in South Carolina
For larger claims about recovering unpaid wages in South Carolina, there are a few options to consider. First, if you are a salesperson, you may qualify under the “Payment of Post-Termination Claims to Sales Representatives” law. I wrote more fully about that law here. That law provides for different and possibly better remedies if you qualify.
Second, most other claims for wage theft fall under the South Carolina Payment of Wages Act. An employee can seek up to three times (treble) the amount of unpaid wages, along with attorney’s fees and costs. These claims are brought in state court, most commonly, and I normally file additional claims for breach of contract and unjust enrichment along with the Payment of Wages Act claim. If we can prove the amount of unpaid wages, then the trial judge has the discretion to treble/triple the damages and award attorney’s fees. It’s not automatic, but the company has to show that there was a good faith dispute over the amounts owed in order to avoid the treble damages and attorney’s fees.
How to Prove a Wage Theft Claim
If you believe that you are owed unpaid wages, you can gather together evidence to support your claim. This may include paystubs, emails, commission sheets, and other documents to show the hours worked or the commissions or bonuses earned. Commissions are normally paid pursuant to a written commission policy, while bonuses are often earned pursuant to a bonus plan or offer letter.
Another thing to consider is whether other employees are also affected by the company’s actions. Are one or more of your co-workers having wages stolen, just as you are? There can be strength in numbers, along with corroborating testimony that helps prove your claims.
For non-management employees, discussing your wages together (along with any other terms and conditions of employment) is protected against retaliation or termination under the National Labor Relations Act (NLRA) (more about that here). Keep in mind, however, that making an internal complaint to HR about unpaid wages likely is not protected against retaliation, while filing a complaint with SC LLR certainly is protected.
South Carolina Unpaid Wages Lawyer
If you have any questions about how to navigate an unpaid wages claim, or if you are worried about possible retaliation for raising concerns about unpaid wages, commissions, or bonuses, you can reach out to our office today (call 864-233-4351) or on our Contact Us page to provide additional information about your situation. We can discuss possible ways to protect yourself against retaliation, and we can also discuss the strengths and weaknesses of your case.
