Final Paycheck Demand and Wage Claim — Kentucky

Final Paycheck Demand and Wage Claim (KENTUCKY)

Quick-Reference Summary

Part A — Demand Letter to Former Employer

[CLAIMANT FULL LEGAL NAME]
[CLAIMANT STREET ADDRESS]
[CITY], Kentucky [ZIP]
Telephone: [____________]
Email: [____________]

Date: [__/__/____]

VIA U.S. CERTIFIED MAIL, RETURN RECEIPT REQUESTED
Tracking No.: [________________________________]
AND VIA EMAIL TO: [____________]

[EMPLOYER LEGAL NAME]
Attn: [OWNER / HR DIRECTOR / REGISTERED AGENT]
[EMPLOYER STREET ADDRESS]
[CITY], [STATE] [ZIP]

Re: Formal Written Demand for Payment of Final Wages — [CLAIMANT NAME] — Separation Date [__/__/____]

Dear [RECIPIENT NAME]:

I, [CLAIMANT FULL LEGAL NAME], hereby make formal written demand upon [EMPLOYER LEGAL NAME] ("Employer") for immediate payment of all earned but unpaid wages, compensation, and other amounts due to me upon the termination of my employment, pursuant to KRS § 337.055 and related provisions of KRS Chapter 337.

1. Employment and Separation

2. Statutory Deadline Under KRS § 337.055

Kentucky law requires that an employee who is discharged or who voluntarily leaves employment be paid all wages or salary earned no later than the next normal pay period following the date of separation OR fourteen (14) days following that date, whichever last occurs. The Employer has failed to comply with this requirement.

The applicable statutory deadline in my case was [__/__/____]. As of the date of this letter, the Employer has not tendered the wages owed.

3. Itemized Statement of Wages and Compensation Owed

4. Statutory Remedies If Wages Are Not Paid

Under KRS § 337.385, the Employer's failure to pay earned wages exposes it to:

• The full amount of unpaid wages stated above;
• An additional equal amount as liquidated damages, unless the Employer establishes in court that the failure was in good faith and based on a reasonable belief of non-violation;
• The Employee's costs;
• The Employee's reasonable attorney fees.

The Employer may also face criminal misdemeanor liability under KRS § 337.990, an administrative complaint with the Kentucky Education and Labor Cabinet, Department of Workplace Standards, and prejudgment interest on the unpaid amount.

5. Demand and Deadline

I hereby demand payment in full of $[TOTAL] within fourteen (14) calendar days of your receipt of this letter, by:

☐ Cashier's check or money order made payable to "[CLAIMANT NAME]" and delivered to the address above;
☐ Electronic transfer (ACH / wire) to the account designated in writing by me; or
☐ Direct deposit to my previously authorized payroll account.

If full payment is not received by [__/__/____], I intend to (i) file a wage-and-hour complaint with the Kentucky Education and Labor Cabinet, Department of Workplace Standards, and/or (ii) commence civil litigation in the appropriate Kentucky court to recover unpaid wages, liquidated damages, costs, and attorney fees, together with all other remedies available at law or in equity. I am also evaluating any applicable claims under the federal Fair Labor Standards Act, 29 U.S.C. § 201 et seq.

6. Reservation of Rights; Anti-Retaliation Notice

This letter is not an exhaustive statement of all claims and is sent without prejudice. I expressly reserve all rights, claims, and remedies. Kentucky law prohibits retaliation against employees who assert wage-and-hour rights, and any retaliatory act will give rise to additional claims and damages.

7. Documents Available Upon Request

I have retained the following supporting documents, which will be produced in any administrative or judicial proceeding: pay stubs, time records, schedule records, offer letter / employment agreement, commission agreements, vacation / PTO policy, written and electronic communications regarding pay, separation notice, and final pay stub (if any).

Respectfully,

_______________________________
[CLAIMANT FULL LEGAL NAME]
Date: [__/__/____]

Part B — State DOL Wage Claim Filing

B.1 Agency and Forum

Kentucky Education and Labor Cabinet
Department of Workplace Standards — Wages and Hours Branch
500 Mero Street, 3rd Floor
Frankfort, KY 40601
Online complaint portal: https://elc.ky.gov/workplace-standards/Pages/Complaint-Forms.aspx
General phone (Wages and Hours): (502) 564-3534

B.2 Filing Method

The Wages and Hours Branch accepts complaints through its online Wages and Hours Online Complaint Form at the URL above. A paper complaint may also be submitted by mail to the Frankfort address.

B.3 Information to Provide

B.4 Narrative Statement (Attach)

Provide a chronological factual narrative addressing:

1. Hire date, position, supervisor, and place of work.
2. Compensation terms agreed to (rate, frequency, commission/bonus structure, vacation accrual).
3. Date and circumstances of separation (discharge / resignation / layoff).
4. What you were paid at separation and what remains unpaid.
5. Communications with the employer regarding final pay, including dates, persons, and substance.
6. Any retaliation, threats, or adverse acts since you raised the issue.
7. Other relevant facts, including coworkers similarly affected.

B.5 Documents to Attach

☐ Government-issued ID (driver's license / passport)
☐ Offer letter or employment agreement
☐ Pay stubs (entire employment if possible, minimum last 12 months)
☐ Time records / timesheets / clock-in records
☐ W-2 forms / 1099 forms / final pay statement
☐ Commission / bonus agreements and calculations
☐ Vacation / PTO policy from handbook
☐ Separation letter or notice
☐ Copy of demand letter (Part A) with proof of delivery (certified-mail receipt, return-receipt card, email confirmation)
☐ Bank statements showing missing deposits (if direct deposit)
☐ Written communications with employer (text, email, letters)
☐ Witness statements (if any)

B.6 Anti-Retaliation Reminder

Retaliation against an employee for filing a wage complaint is prohibited and may give rise to additional civil and criminal liability.

B.7 Civil Litigation Alternative

A complainant may at any time withdraw an administrative complaint and file a civil action under KRS § 337.385 in Kentucky circuit or district court. The statute of limitations is five (5) years under KRS § 413.120. Counsel should evaluate concurrent FLSA claims (29 U.S.C. § 216(b)) and the 2-year / 3-year FLSA statute of limitations.

Part C — Pre-Send Checklist

Substantive

☐ Verified separation date and identified statutory deadline (next pay period OR 14 days, whichever last occurs)
☐ Confirmed deadline under KRS § 337.055 has actually passed
☐ Itemized each wage category (regular, overtime, commissions, bonuses, PTO, expenses)
☐ Confirmed accrued vacation/PTO is treated as earned under employer policy or practice
☐ Calculated total unpaid wages and supporting math is reproducible from documents
☐ Identified any disputed deductions and confirmed they are unlawful under KRS § 337.060
☐ Evaluated good-faith defense exposure under KRS § 337.385(1)
☐ Checked statute of limitations (5 years; KRS § 413.120) and FLSA SOL (2/3 years)
☐ Considered concurrent FLSA claim for overtime / minimum wage

Document Assembly

☐ Demand letter (Part A) signed and dated
☐ Pay stubs and time records gathered
☐ Employment agreement / offer letter located
☐ Commission / bonus / PTO policies located
☐ Separation documents (notice, termination letter, resignation email) located
☐ Final pay stub (if any) located
☐ Bank records showing missed deposits gathered
☐ Witness contact information recorded

Delivery and Filing

☐ Demand letter sent by U.S. Certified Mail, Return Receipt Requested
☐ Certified-mail tracking number recorded
☐ Copy emailed to employer with read receipt
☐ Calendared 14-day response deadline
☐ Calendared follow-up date for state-agency filing if no response
☐ Online complaint draft prepared on Workplace Standards portal
☐ All exhibits PDF'd and named with consistent convention
☐ Backup copy of complete file retained off-site or in cloud

Litigation / Escalation

☐ Counsel retained or consultation calendared
☐ Considered KRS § 337.385 liquidated damages and attorney-fee exposure for defendant
☐ Tolling agreement requested if employer requests negotiation extension
☐ Litigation hold letter sent to employer if litigation is likely

Sources and References

• KRS § 337.055 — Payment of all wages or salary upon dismissal or voluntary leaving required: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=32050
• KRS § 337.060 — Unlawful for employer to withhold wages: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=32051
• KRS § 337.385 — Liquidated damages, costs, and attorney fees: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=32082
• KRS § 337.990 — Penalties: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=32119
• KRS § 413.120 — Five-year statute of limitations on wage actions: https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=39247
• Kentucky Education and Labor Cabinet — Workplace Standards Complaint Forms: https://elc.ky.gov/workplace-standards/Pages/Complaint-Forms.aspx
• Kentucky Labor Cabinet — Wages and Hours information: https://labor.ky.gov/standards/Pages/Wages-and-Hours.aspx
• 803 KAR 1:080 — Wages and Hours administrative regulations: https://apps.legislature.ky.gov/law/kar/titles/803/001/080/
• Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq. (parallel federal remedies): https://www.dol.gov/agencies/whd/flsa