One Minute Lawyer

What You Should Know About Unpaid Wages and Vacation Time In Minnesota Conciliation Court

Note: These suggestions relate to Minnesota claims only. If you worked in another state, contact a local attorney or your local court for help.

Claims for unpaid wages and vacation pay are sometimes too small to justify retaining an attorney. These claims can often be successfully brought in small claims court, also referred to as "conciliation court." You may bring claims for up to $7,500 in small claims court. If your claim is above this amount, you can still utilize small claims court, but you waive any right to recovery over $7,500.

Here are some suggested steps to follow in preparing for a small claims court appearance:

Send a letter to the employer asking for payment of all your unpaid wages and vacation days. Be as specific as possible in regard to the amount of unpaid wages and number of vacation days owed. In the letter, you should ask that the payment be mailed to you and list the address to which you want the payment sent. Also include a reference to Minn. Stat. Section 181.13. (A different law, Minn. Stat. Section 181.145, applies to unpaid commissions).

The letter should be addressed to the Human Resources Director, or if the employer does not have a Human Resources Department, to someone in upper management.

The letter should be sent by certified mail, return receipt requested. Your local post office can help you with this.

You should then call the court for the county in which the employer is located and ask for small claims court forms and information. The back of the form, entitled "Some Guidelines When Completing The Statement of Claim and Summons," contains instructions for making a claim for wages and vacation pay, along with the penalty which attaches to it under Minnesota Statutes, Chapter 181. Makes sure to follow these instructions.

When you go to court for your appearance, bring with you three copies of all relevant documents. Those documents may include:

The card you receive from the post office showing delivery of your letter to the employer;

Documents establishing that you have wages or vacation due you, such as an employment letter, a handbook showing the number of vacation days you are to receive and/or a paycheck stub which might show vacation days remaining;

Timesheets or timecards, to the extent that they substantiate entitlement to additional or overtime pay.

Documents that show your rate of pay, such as a contract, prior paycheck stub or notification of a pay raise.

A chart or written summary of your claim to help the judge better understand your claims and the mathematical calculations you did to compute your claims. The small claims court judge hears many cases in a day, and leaving a summary chart with the judge will assist him or her to decide the case and draft a written opinion.

If the documentation that you have is insufficient to prove your damages and entitlement thereto, your testimony will have to fill in the missing facts. You also might want to consider bringing a witness who is aware of the policies and procedures of the company, its failure to pay you, or the vacation time you have coming. If your witness is unable to come with you, you could ask the witness to write a letter to the court explaining what that individual knows. A written statement is not as effective but can be somewhat helpful if that is the only available alternative.

Good Luck with your wage and vacation pay claim.