WAGE CLAIM DEMAND LETTER

State of Indiana

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[EMPLOYEE FULL NAME]
[EMPLOYEE ADDRESS]
[CITY], Indiana [ZIP]
[PHONE NUMBER]
[EMAIL ADDRESS]

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DATE: [DATE]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND FIRST-CLASS MAIL

[EMPLOYER LEGAL NAME]
[EMPLOYER ADDRESS]
[CITY, STATE ZIP]

Attn: [OWNER / HR DIRECTOR / REGISTERED AGENT]

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RE: FORMAL DEMAND FOR UNPAID WAGES
Employee: [EMPLOYEE FULL NAME]
Dates of Employment: [START DATE] to [END DATE / Present]
Position: [JOB TITLE]
Claim Amount: $[TOTAL AMOUNT CLAIMED]
Claim Reference: [OPTIONAL - INTERNAL REFERENCE]

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Dear [RECIPIENT NAME OR "Sir/Madam"]:

I am writing to formally demand payment of wages that [EMPLOYER NAME] ("Employer" or "you") owes to me, [EMPLOYEE NAME] ("Employee" or "I"), in connection with my employment with your company. This demand is made pursuant to the Indiana Wage Payment Statute, Indiana Code Section 22-2-5-1 et seq., and the Indiana Minimum Wage Law, Indiana Code Section 22-2-2-1 et seq.

This letter serves as formal notice and demand for immediate payment of all unpaid wages, and constitutes a pre-litigation demand required before filing suit.

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I. INDIANA WAGE AND HOUR LAW OVERVIEW

A. Indiana Wage Payment Statute (Ind. Code Section 22-2-5-1 et seq.)

Indiana law requires employers to pay employees all wages due on regular paydays established by the employer. Specifically:

1. Payment of Wages (Ind. Code Section 22-2-5-1):

"Every person, firm, corporation, limited liability company, or association who employs persons in this state shall pay each employee at least semimonthly or biweekly, if requested, the amount due the employee."

2. Final Wages Upon Termination (Ind. Code Section 22-2-5-1):
Upon termination of employment (voluntary or involuntary), Indiana law requires:
- Voluntary Resignation: Wages due on the next regular payday
- Involuntary Termination: Wages due on the next regular payday

3. Remedy for Unpaid Wages (Ind. Code Section 22-2-5-2):

"Every such person, firm, corporation, limited liability company, or association who fails to make payment of wages to any such employee as provided in section 1 of this chapter shall, as liquidated damages for such failure, pay to such employee for each day that the amount due him remains unpaid ten percent (10%) of the amount due in addition thereto, not exceeding double the amount of wages due."

B. Indiana Minimum Wage Law (Ind. Code Section 22-2-2-1 et seq.)

Indiana has adopted the federal minimum wage of $7.25 per hour as the state minimum wage. Under Ind. Code Section 22-2-2-4, employers must pay at least the minimum wage for all hours worked.

C. Recordkeeping Requirements (Ind. Code Section 22-2-6-1)

Employers are required to maintain accurate records of hours worked and wages paid for at least three (3) years. Failure to maintain proper records may result in adverse inference against the employer.

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II. STATEMENT OF FACTS

A. Employment Information

I was employed by [EMPLOYER NAME] from [START DATE] to [END DATE / present] in the position of [JOB TITLE].

Employment Details:
| Category | Information |
|----------|-------------|
| Start Date | [START DATE] |
| End Date | [END DATE / Still Employed] |
| Position/Title | [JOB TITLE] |
| Agreed Wage Rate | $[HOURLY RATE] per hour / $[SALARY] per [pay period] |
| Pay Frequency | [Weekly / Bi-weekly / Semi-monthly] |
| Regular Payday | [DAY OF WEEK / DATE] |
| Work Location | [ADDRESS], Indiana |
| Supervisor | [SUPERVISOR NAME] |

B. Nature of Wage Claim

[// GUIDANCE: Select and complete applicable sections below. Delete those that do not apply.]

☐ UNPAID REGULAR WAGES

You have failed to pay me for regular hours worked during the following period(s):

Pay Period	Hours Worked	Rate	Amount Owed
[DATE RANGE]	[HOURS]	$[RATE]	$[AMOUNT]
[DATE RANGE]	[HOURS]	$[RATE]	$[AMOUNT]
[DATE RANGE]	[HOURS]	$[RATE]	$[AMOUNT]
SUBTOTAL			$[SUBTOTAL]

☐ UNPAID OVERTIME WAGES

You have failed to pay me overtime compensation at the required rate of one and one-half (1.5) times my regular rate for hours worked in excess of forty (40) per workweek, as required by the Fair Labor Standards Act, 29 U.S.C. Section 207:

Workweek	Total Hours	OT Hours	OT Rate	Amount Owed
[DATE RANGE]	[TOTAL]	[OT HOURS]	$[RATE x 1.5]	$[AMOUNT]
[DATE RANGE]	[TOTAL]	[OT HOURS]	$[RATE x 1.5]	$[AMOUNT]
SUBTOTAL				$[SUBTOTAL]

☐ UNPAID FINAL WAGES

Upon termination of my employment on [TERMINATION DATE], you failed to pay me all wages due on the next regular payday ([DATE]) as required by Indiana Code Section 22-2-5-1. The unpaid final wages include:

Category	Amount
Unpaid wages for hours worked [DATE] through [DATE]	$[AMOUNT]
Accrued but unused vacation pay (if promised)	$[AMOUNT]
Accrued but unused PTO (if promised)	$[AMOUNT]
Commissions earned but not paid	$[AMOUNT]
Bonuses earned but not paid	$[AMOUNT]
SUBTOTAL	$[SUBTOTAL]

[// GUIDANCE: Under Indiana law, employers are not required to pay out accrued vacation or PTO unless there is a policy, contract, or established practice of doing so. Include only if applicable.]

☐ MINIMUM WAGE VIOLATIONS

You have paid me less than the minimum wage of $7.25 per hour during the following period(s):

Pay Period	Hours Worked	Amount Paid	Amount Owed	Shortfall
[DATE RANGE]	[HOURS]	$[PAID]	$[OWED]	$[SHORTFALL]
SUBTOTAL				$[SUBTOTAL]

☐ UNLAWFUL DEDUCTIONS

You have made unlawful deductions from my wages in violation of Indiana Code Section 22-2-6-2, which prohibits deductions except for those authorized by law or by written agreement. The unlawful deductions include:

Date	Description of Deduction	Amount
[DATE]	[DESCRIPTION]	$[AMOUNT]
[DATE]	[DESCRIPTION]	$[AMOUNT]
SUBTOTAL		$[SUBTOTAL]

[// GUIDANCE: Indiana law permits deductions for taxes, garnishments, and deductions authorized in writing by the employee for the employee's benefit. Deductions for cash register shortages, breakage, uniforms, and similar items may be unlawful without proper authorization.]

☐ MISCLASSIFICATION AS INDEPENDENT CONTRACTOR

You have improperly classified me as an independent contractor rather than an employee, thereby evading your obligations under Indiana wage laws. Based on the economic realities of my working relationship with you, I should have been classified as an employee. The factors demonstrating employee status include:

• [DESCRIBE FACTORS: control over work, provision of tools, exclusivity, integration into business, etc.]

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III. CALCULATION OF DAMAGES

A. Summary of Unpaid Wages

Category	Amount
Unpaid Regular Wages	$[AMOUNT]
Unpaid Overtime Wages	$[AMOUNT]
Unpaid Final Wages	$[AMOUNT]
Minimum Wage Violations	$[AMOUNT]
Unlawful Deductions	$[AMOUNT]
TOTAL UNPAID WAGES	$[TOTAL]

B. Liquidated Damages Under Indiana Law

Under Indiana Code Section 22-2-5-2, if you fail to pay wages due, you are liable for liquidated damages of ten percent (10%) of the amount due for each day the wages remain unpaid, up to a maximum of double the amount of wages due.

Calculation:
- Principal Amount Due: $[AMOUNT]
- Days Unpaid as of [TODAY'S DATE]: [NUMBER] days
- Daily Penalty (10%): $[AMOUNT x 0.10] per day
- Total Penalty: $[DAILY PENALTY x DAYS] (capped at $[DOUBLE PRINCIPAL])
- Liquidated Damages: $[LESSER OF CALCULATED OR DOUBLE]

C. Attorney's Fees and Costs

Under Indiana Code Section 22-2-5-2, a prevailing employee may recover reasonable attorney's fees and costs. I reserve the right to seek such fees if litigation becomes necessary.

D. Total Demand

Category	Amount
Total Unpaid Wages	$[AMOUNT]
Liquidated Damages (up to 2x)	$[AMOUNT]
TOTAL DEMAND	$[TOTAL]

[// GUIDANCE: If pursuing litigation, the court may award up to double damages plus attorney's fees. This demand may request a lower settlement amount.]

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IV. SUPPORTING DOCUMENTATION

The following documentation supports my wage claim:

Documents in My Possession:
- ☐ Pay stubs for period [DATE RANGE]
- ☐ Time records / timesheets for period [DATE RANGE]
- ☐ Employment offer letter dated [DATE]
- ☐ Employment contract dated [DATE]
- ☐ Employee handbook (version dated [DATE])
- ☐ Termination letter / notice dated [DATE]
- ☐ Written communications regarding wages (emails, texts, letters)
- ☐ Bank statements showing deposits
- ☐ W-2 forms for [YEAR(S)]
- ☐ 1099 forms (if misclassified)
- ☐ [OTHER DOCUMENTS]

Documents Requested from Employer:
- ☐ All time and attendance records for my employment
- ☐ All payroll records showing wages paid
- ☐ All personnel file documents
- ☐ Any policies regarding overtime, vacation, or PTO
- ☐ Documentation of any deductions from my wages

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V. DEMAND FOR PAYMENT

I hereby demand that you pay me the sum of $[TOTAL DEMAND AMOUNT] within ten (10) days of your receipt of this letter, no later than [DEADLINE DATE].

Payment should be made by:
- ☐ Certified check payable to [EMPLOYEE NAME]
- ☐ Money order payable to [EMPLOYEE NAME]
- ☐ Direct deposit to the account on file
- ☐ [OTHER METHOD]

Payment should be sent to:
[EMPLOYEE ADDRESS]
[CITY], Indiana [ZIP]

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VI. CONSEQUENCES OF NON-PAYMENT

If you fail to pay the amounts due within the time specified, I intend to pursue all available legal remedies, which may include:

A. Indiana Department of Labor Wage Claim

I may file a wage claim with the Indiana Department of Labor, Wage and Hour Division, which has authority to investigate wage violations and order payment of unpaid wages. Contact information:

Indiana Department of Labor
Wage and Hour Division
402 West Washington Street, Room W195
Indianapolis, Indiana 46204
Phone: (317) 232-2655

B. Civil Lawsuit in Indiana Court

I may file a civil lawsuit in the appropriate Indiana court seeking:

1. All unpaid wages (Ind. Code Section 22-2-5-2)
2. Liquidated damages up to double the amount owed (Ind. Code Section 22-2-5-2)
3. Reasonable attorney's fees and costs (Ind. Code Section 22-2-5-2)
4. Pre-judgment and post-judgment interest
5. Injunctive relief if appropriate

C. Federal Lawsuit Under FLSA

If my claim involves overtime or minimum wage violations, I may also file suit under the Fair Labor Standards Act in federal court, seeking:

1. Unpaid wages
2. Liquidated damages equal to the unpaid wages (29 U.S.C. Section 216(b))
3. Reasonable attorney's fees and costs
4. Three-year statute of limitations for willful violations

D. Statute of Limitations

The statute of limitations for wage claims under Indiana law is two (2) years from the date wages were due (Ind. Code Section 22-2-5-3). For FLSA claims, the limitations period is two (2) years, or three (3) years for willful violations.

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VII. PRESERVATION OF EVIDENCE

YOU ARE HEREBY DIRECTED TO PRESERVE ALL EVIDENCE related to my employment, including but not limited to:

• All time and attendance records
• All payroll records and registers
• All personnel file documents
• All emails, texts, and communications
• All policies and handbooks
• Electronic data and metadata
• Surveillance footage (if any)
• Any other documents relating to my employment or compensation

Destruction of evidence after receipt of this demand may result in sanctions, adverse inferences, and separate claims for spoliation of evidence.

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VIII. RESPONSE REQUESTED

Please respond in writing to this demand within ten (10) days of your receipt of this letter. If you dispute any portion of this claim, please provide:

1. A detailed explanation of why you believe wages are not owed
2. All documentation supporting your position
3. A complete accounting of all wages paid and hours recorded

I am willing to discuss resolution of this matter before resorting to legal action if you act promptly and in good faith.

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IX. CONCLUSION

The wages I am demanding are rightfully mine, earned through my labor for your company. Indiana law provides clear remedies for employees whose wages are not paid, including substantial penalties.

I urge you to take this demand seriously and make payment promptly to avoid additional damages, attorney's fees, and the costs of litigation for both parties.

Please do not interpret this letter as an indication that I will accept less than the full amount owed. If you have any questions or wish to discuss this matter, please contact me at the address or phone number listed above.

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Respectfully submitted,

_________________________________
[EMPLOYEE FULL NAME]

Date: _____________________________

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ENCLOSURES: (if any)
- ☐ Pay stubs
- ☐ Time records
- ☐ Employment documents
- ☐ [OTHER]

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INDIANA WAGE CLAIM PRACTICE NOTES

Key Indiana Statutes

Statute	Subject
Ind. Code Section 22-2-2-1 et seq.	Indiana Minimum Wage Law
Ind. Code Section 22-2-5-1 et seq.	Indiana Wage Payment Statute
Ind. Code Section 22-2-6-1 et seq.	Wage Deduction Law
Ind. Code Section 22-2-9-1 et seq.	Wage Claims

Important Deadlines

Action	Deadline
Final wages (voluntary quit)	Next regular payday
Final wages (termination)	Next regular payday
Statute of limitations (state)	2 years from date wages due
Statute of limitations (FLSA)	2 years (3 years if willful)

Liquidated Damages Calculation

Under Ind. Code Section 22-2-5-2:
- Penalty: 10% of amount due per day
- Maximum: Double (2x) the unpaid wages
- Example: $1,000 unpaid wages = up to $2,000 total (wages + liquidated damages)

Indiana Department of Labor

Filing a Wage Claim:
- Form: WH-1 Wage Claim Form
- Online: [Indiana DOL website]
- Processing time: Varies
- Note: DOL investigation is separate from private lawsuit

Vacation/PTO Payout

Indiana law does not require employers to pay out accrued vacation or PTO upon termination unless:
- There is a written policy promising payout
- There is an employment contract providing for payout
- There is an established practice of payout

If promised, failure to pay may constitute a wage claim.

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This demand letter is provided for informational purposes. Indiana wage laws have specific requirements and deadlines. Consult with a licensed Indiana attorney for specific legal advice regarding your wage claim.