What are my rights if my employer withholds my final wages?

In Hawaii, employees are entitled to all wages due at the time of termination, including any wages earned prior to termination. If an employer withholds final wages, the employee has the right to sue their employer in court. At the time of termination, an employee should make sure they are issued a written statement including the amount of wages due, the method of payment, and the date when payment is due. If the employer does not provide this statement, or does not pay the wages due, the employee can file a complaint with the Department of Labor and Industrial Relations. This agency has procedures to investigate unpaid wages and may order the employer to pay the employee. If the employer does not comply with the order, the employee can file a civil lawsuit in court for the unpaid wages. An employee may recover unpaid wages, filing fees, and other costs associated with the case. An employee may also receive interest from the time the wages were due. If the employee wins the court case, they may be entitled to double damages. This means that the employee will be awarded double of the unpaid wages. In addition, the court may order the employer to pay the employee’s attorney fees. Employees should be aware of their rights when it comes to final wages. Know that you have the right to receive any wages earned before your termination and to file suit if necessary.

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