Should You Use a Sample Demand Letter for Unpaid Wages in California?
If you have not received your wage, you should not give up on your hard-earned money. As an employer is in breach of contract, there are ways to make them fulfill their obligations.
One of the efficient options is sending them a demand letter to inform them of the breach and motivate them to settle the debt before you take legal action.
You could take a look at what a sample demand letter for unpaid wages in California includes to prepare yours correctly. This article provides the information and presents an efficient product that can help you create a reliable demand letter in minutes.
Are You a Victim of Wage Theft?
You could be a victim of wage theft if an employer has not paid you for the time you worked for them. Wage theft happens when an employer fails to provide you with your final paycheck or has not paid you:
- At all
- For overtime
- Applicable minimum wage
- For all hours you have worked
If you have experienced wage theft, you could consider the following options:
- Sending an unpaid wages demand letter
- Suing the employer
Why Should You Send a Demand Letter for Unpaid Wages?
Creating a breach of contract demand letter should be your first choice since:
- Most employers prefer out-of-court settlements to avoid:
- Lawsuits (especially if they cannot raise affirmative defenses)
- Government agency involvement
- You could avoid complex, lengthy, and expensive legal proceedings (you will need to prove breach of contract elements and provide evidence, e.g., pay stubs)
Your demand letter should specify that:
- You have performed your contractual obligations
- The employer has not fulfilled the terms of the contract
- You are willing to seek damages and other legal remedies in court if the employer refuses to pay you
How To Prepare a Demand Letter for Payment of Wages
If you are not sure how to draft a California breach of contract demand letter, take a look at the following options:
How To Create a Demand Letter | Details |
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Hire a lawyer | While any attorney could prepare a demand letter for you, you need to understand that:
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Do it on your own | If you would like to draw up a demand letter by yourself, you could:
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Use DoNotPay | Our AI-powered app has a vast legal database and can generate a demand letter that meets your needs in a matter of minutes |
What Does a Sample Demand Letter for Unpaid Wages in California Consist Of?
Here is what a sample demand letter for unpaid wages should include:
- Your contact information—To give the employer a chance to get in touch with you, the demand letter needs to include your:
- First and last name
- Physical address
- Email address
- Phone number
- Date—Keep in mind that this date serves as a record and evidence in case you end up in court
- The employer’s data—Make sure you provide:
- The full and registered name of the company
- Physical address
- Department
- Name and title of the person you are addressing the letter to
Aside from providing the above-listed data, you should also make sure to:
- Use a formal tone—Be careful not to sound aggressive since the demand letter could be used as evidence in case you initiate a lawsuit
- Provide facts—While it might seem obvious that the employer is familiar with your case, this is a chance for you to claim unpaid wages formally. You should specify the following:
- The type of wage(s) you are owed, e.g., regular or overtime
- Payment instructions
- Keep it clear and short—Aside from outlining the facts, you should not be overly detailed as this is a formal reminder. If the employer wants to discuss the matter further, they can get in touch with you
- Keep a copy and proof of delivery—You need a copy of the sent demand letter for your records, together with proof when you mailed it—e.g., a certified mail receipt—since you might use these in court
DoNotPay Helps You Create a Trustworthy Demand Letter
You can avoid spending a lot of:
- Money on pricey lawyers
- Time on searching for demand letter samples and templates that you need to inspect carefully and change to suit your case
DoNotPay knows all relevant regulations and can help you prepare an airtight demand letter fast.
The process is simple—sign up for DoNotPay and:
- Use the Client Breach of Contract product
- Answer questions regarding the other contractual party and your agreement
- Indicate a new payment deadline
- Describe the provided services
- Provide additional evidence to support your request
Keep in mind that DoNotPay can:
- Generate a reliable demand letter regardless of what type of breach has occurred, e.g., material, fundamental, anticipatory, or any other
- Help you sue in small claims court if the breaching party is not willing to reach an out-of-court settlement
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