Final Paycheck Demand and Wage Claim — Pennsylvania

Final Paycheck Demand and Wage Claim (PENNSYLVANIA)

Quick-Reference Summary

Part A — Demand Letter to Former Employer

Letterhead and Date

[________________________________]
[LAW FIRM OR INDIVIDUAL NAME]
[________________________________]
[Street Address]
[________________________________]
[City, State ZIP]
[________________________________]
[Phone] | [Email]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [________________________________]

Date: [__/__/____]

Recipient (Employer Registered Agent — and Individual Decision-Makers)

[________________________________]
[Employer Legal Name]
c/o [________________________________] (Registered Office for Service of Process; verify via PA Dept. of State business search)
[________________________________]
[Street Address]
[________________________________]
[City, PA ZIP]

AND (individual liability under WPCL):
[________________________________] (Owner / Officer / Decision-Maker)
[________________________________] (residence/principal place of business)

Subject Line

RE: DEMAND FOR UNPAID FINAL WAGES — PENNSYLVANIA WAGE PAYMENT AND COLLECTION LAW, 43 P.S. § 260.1 ET SEQ.

I. Employment Identification

II. Termination Circumstances

The undersigned represents [________________________________] ("Employee") concerning [Employer]'s failure to pay all final wages owed at separation under the Pennsylvania Wage Payment and Collection Law (WPCL). The separation was:

☐ Involuntary discharge / termination by Employer on [__/__/____]
☐ Layoff effective [__/__/____]
☐ Voluntary resignation effective [__/__/____]
☐ End of fixed-term contract / project on [__/__/____]
☐ Constructive discharge effective [__/__/____]

III. Wages Owed (Itemized)

WPCL defines "wages" broadly to include "all earnings of an employe, regardless of whether determined on time, task, piece, commission or other method of calculation" and "fringe benefits or wage supplements." 43 P.S. § 260.2a.

IV. Statutory Deadline Violated

Under 43 P.S. § 260.5, wages or compensation earned by Employee became due and payable not later than the next regular payday on which such wages would otherwise be due and payable — that is, [__/__/____].

As of the date of this letter, [____] calendar days have elapsed without full payment. The 30-day threshold for triggering liquidated damages under § 260.10 ☐ has been crossed ☐ will be crossed on [__/__/____].

V. Penalties and Damages

VI. Demand for Payment

Employer is hereby demanded to deliver, no later than [__/__/____] (14 calendar days from the date of this letter), a cashier's check or wire transfer in the amount of:

Total demanded: $[____]

made payable to "[________________________________]" and delivered to the address above. Under 43 P.S. § 260.6, even if Employer disputes a portion of the claim, Employer must unconditionally pay the portion conceded to be due — and acceptance of that partial payment does NOT release the disputed balance.

VII. Litigation Hold Notice

Employer is on notice to preserve all relevant evidence including, without limitation: timekeeping records, payroll registers, paystubs, § 260.4 hire notice, personnel file, commission and bonus plans, severance plans, PTO/vacation policy and accrual records, fringe-benefit/§ 260.2a documentation, deduction authorizations, termination documentation, expense-reimbursement records, all written and electronic communications referencing Employee, email/Slack/Teams/text data, and any backups thereof. The duty to preserve attaches now and continues through final resolution. Spoliation may result in evidentiary sanctions and adverse inferences.

VIII. Notice of Intent to File L&I Claim and/or Lawsuit

If Employer (and individually liable decision-makers) fail to remit full payment by [__/__/____], Employee will, without further notice:

1. File a wage claim with the Pennsylvania Department of Labor & Industry, Bureau of Labor Law Compliance, triggering the Secretary's certified notice under 43 P.S. § 260.9a(c) — and the 10% additional penalty if Employer does not respond within 10 days;
2. File a civil complaint in the Court of Common Pleas of [____] County (or appropriate Magisterial District Court) for unpaid wages, 25% liquidated damages, mandatory attorney's fees, costs, prejudgment interest, and joint-and-several individual liability against owner/officer decision-makers; and/or
3. File a federal complaint under the FLSA (29 U.S.C. § 216(b)) for any minimum-wage or overtime shortfall.

Signature Block

Respectfully,

[________________________________]
[Attorney / Employee Name]
[PA Bar No. ____] (if attorney)
[Email] | [Phone]

cc: [________________________________] (client)

Part B — PA L&I Wage Claim Filing

Agency Name and Address

Pennsylvania Department of Labor & Industry
Bureau of Labor Law Compliance
651 Boas Street, Room 1301
Harrisburg, PA 17121
Phone: 1-800-932-0665
Email: [email protected]
Online portal: https://www.dli.pa.gov/Individuals/Labor-Management-Relations/llc/Pages/Wage-Payment.aspx

District offices: Altoona, Harrisburg, Philadelphia, Pittsburgh, Scranton

Form Name and Version

• PA L&I Form LLC-15 — Wage Claim (current revision)
• Available in English and Spanish
• Submit by mail, fax, or in person at any district office; online intake also available

Required Attachments

☐ Completed LLC-15, signed
☐ Last paystub and as many earlier paystubs as available
☐ W-2 / 1099 for relevant years
☐ Time records (employer's or personally maintained)
☐ Offer letter, employment / commission / bonus agreement, and § 260.4 hire notice
☐ Employer's PTO / vacation / fringe-benefit policy (if claiming such payouts)
☐ Termination letter or resignation notice
☐ Copy of demand letter sent under Part A and any employer response
☐ Identification of individual decision-makers (for § 260.2a individual liability)
☐ Bank records showing missing direct deposits (if applicable)
☐ Calculation worksheet for each remedy

Filing Deadlines

• 3 years from date wages were due (42 Pa. C.S. § 5525(a)(4))
• L&I administrative claim has no separate, shorter deadline, but L&I may decline frivolous or stale claims
• Federal FLSA: 2 years (3 if willful)

Hearing Procedure Overview

1. LLC-15 filed → L&I investigator opens file.
2. Secretary's certified notice issued to employer under § 260.9a(c); 10-day response window.
3. 10% penalty attaches if no payment or satisfactory explanation received within 10 days.
4. Investigation — investigator may interview parties, audit records, conduct on-site visit.
5. Determination — L&I may demand payment, refer to AG, or close file (no formal adjudicative hearing under WPCL — L&I lacks order-issuing authority comparable to NYSDOL; final adjudication is in court).
6. Criminal referral — for willful violations or amounts > $500, L&I may refer to district attorney under § 260.11a.

Election-of-Remedies Considerations

• L&I administrative claim and private suit are NOT mutually exclusive in PA — unlike Texas, an employee may file with L&I AND sue in court for the same wages. L&I action does not bar civil action, and § 260.9a expressly preserves private right of action.
• Private suit is generally the stronger path because (a) WPCL mandates attorney's fees to prevailing employee, (b) 25% liquidated damages are available under § 260.10, and (c) individual liability of owners/officers can be litigated.
• Magisterial District Court (small-claims equivalent; jurisdictional cap $12,000) is viable for modest claims.
• Court of Common Pleas for larger claims; concurrent FLSA in federal court if minimum-wage/OT implicated.
• PA Minimum Wage Act (43 P.S. § 333.101 et seq.) provides parallel state minimum-wage / OT remedies (3-year SOL).

Part C — Pre-Send Checklist

☐ All hours, rates, and pay periods verified from contemporaneous records
☐ FLSA / PMWA overtime calculation verified
☐ Termination type confirmed in writing
☐ Final-paycheck deadline calculated under 43 P.S. § 260.5
☐ Employer's PTO / vacation policy reviewed for contractual entitlement (no statutory default in PA)
☐ Commission / bonus / SAR / equity plans reviewed; "earned" determination documented
☐ § 260.4 hire-notice compliance audited (separate violation if absent)
☐ § 260.6 conceded-wages doctrine considered for partial-payment strategy
☐ Individual decision-makers identified for § 260.2a personal liability
☐ 30-day § 260.10 trigger date calculated
☐ Demand letter sent via certified mail, return receipt requested, AND email to BOTH entity and individuals
☐ Response deadline diaried (14 calendar days)
☐ L&I LLC-15 prepared as backup
☐ Litigation-hold notice transmitted; preservation tracker opened
☐ PA Dept. of State business search confirms registered office and officers
☐ 3-year SOL diaried (oldest week)
☐ FLSA viability assessed (2-year / 3-year SOL)
☐ Magisterial District Court vs. Common Pleas forum analysis completed
☐ Conflicts check completed; engagement letter signed

Sources and References

• 43 P.S. § 260.1 et seq. (Wage Payment and Collection Law): https://www.legis.state.pa.us/cfdocs/legis/LI/uconsCheck.cfm?txtType=HTM&yr=1961&sessInd=0&smthLwInd=0&act=329
• PA Dept. of Labor & Industry — Wage Payment: https://www.dli.pa.gov/Individuals/Labor-Management-Relations/llc/Pages/Wage-Payment.aspx
• PA L&I — File a Complaint: https://www.dli.pa.gov/Individuals/Labor-Management-Relations/llc/Pages/Labor-Standards-Complaint-Form.aspx
• 43 P.S. § 333.101 et seq. (PA Minimum Wage Act)
• 42 Pa. C.S. § 5525 (limitations)
• Oberneder v. Link Computer Corp., 449 Pa. Super. 528, 674 A.2d 720 (1996) (mandatory attorney fees)
• Mohney v. McClure, 568 A.2d 682 (Pa. Super. 1990) (individual liability of officers)
• Harding v. Duquesne Light Co., 882 F. Supp. 422 (W.D. Pa. 1995) (vacation entitlement requires contract)
• 29 U.S.C. §§ 206-207, 216 (FLSA)