Complete the Wage Claim form found here (en Español aquí).
Once you file your wage claim, we review it to make sure it is complete and that there are not any issues that would prevent us from processing your claim. If there is something to prevent us from processing your claim, we will notify you of what it is and what you can do.
If we can process the claim, a Labor Conciliator will send a notice to your employer along with the claim. The notice tells your employer what they are supposed to do in response to your claim. Your employer has 10 business days from the date of the notice to reply in writing to our office. The Labor Conciliator will send a copy of your employer's reply so that you can review it and respond. If you do not do this, the Labor Conciliator will send you a notice asking if you plan to pursue your claim. If you do not respond, the case may be closed without further investigation.
The hearing is essentially a trial, but instead of a judge and jury, there is a presiding officer. At the hearing, you tell the presiding officer what happened, and if you have any witnesses, you can have them testify. You may also submit documents at the hearing as long as you have given a copy to your employer before the hearing. It is important to present all the evidence you have at the hearing--you will not get to do so later. The presiding officer will base his/her decision on testimony and other evidence.
You may choose to have an attorney represent you at the hearing. If you do, you must pay the attorney -- we do not provide an attorney for you. If you choose to have an attorney represent you, he/she must be licensed to practice law in Kansas or associated with an attorney who is licensed to practice in Kansas. For more information, please read Hearing Procedure.
If the presiding officer makes a decision that you disagree with, you may appeal to the Secretary of the Kansas Department of Labor within 18 days of the presiding officer's decision. If the presiding officer decides that your employer owes you wages, your employer may appeal to the Secretary. Since this is an appeal, new evidence may not be presented. You will be notified of the Secretary's decision.
Once the decision becomes final, your employer may choose to pay at that point, or offer to settle. It is also possible that they may still refuse to pay. At this point, you may be able to assign your claim over to the Kansas Department of Labor, and it will be referred to the agency's legal division. The collection process can take a long time and the legal division may not be able to collect your money.
If the employer files a Petition in Bankruptcy at any time during the wage claim process, we may not be able to help you.