10.1.2 Informal Demands

You might be able to get your client paid quickly by contacting the employer. Your client may have a manager’s phone number, or you might find a phone number on the internet. Even if the employer refuses to pay, a conversation may provide valuable information for your next step. If calling doesn’t work, put your demand in writing. While in rare circumstances a court might find an oral demand sufficient, it is best to have proof of your demand in writing whenever possible. Most employers will refuse to sign any receipt for your demand, so use whatever other means you have to prove delivery; text, e-mail, or fax is best for purposes of immediacy and proof of delivery. Sufficient demand is necessary to invoke the enforcement and penalty provisions of the statute. If you get no or unsatisfactory response, the final step is to sue in court.