Under the Florida unpaid wages statute, you have two years from the date the claim arose. For claims arising under the Florida Minimum Wage Act, you have four years from the date the claim arose. However, if your employer willfully violated the Florida Minimum Wage Act, you have five years to file your claim.
Demand letters are legal requests for the payment of damages. In civil cases, these are generally used when injury or property damage results from negligence or similar legal wrongdoings. Most demand letters will outline the extent of the damages and list the associated costs you've incurred as a result of your injury.
An employee who has not received the lawful minimum wage after notifying his or her employer and giving the employer 15 days to resolve any claims for unpaid wages may bring a civil action in a court of law against an employer to recover back wages plus damages and attorney's fees.
How should an unpaid wage demand be made? Your unpaid wages demand letter needs to be sent by certified mail. By doing this, the receipt will be required to be signed by your employer before it is delivered back to you. This receipt may be kept as proof.
While not required by law in Florida, providing a termination letter or document to the employee is advisable to help protect the employer in case of legal action.