ESD wage theft claim stuck for 3 months - should I file with L&I or get a lawyer?

ESD doesn't actually handle wage theft claims - you need to file with L&I (Labor & Industries). Their wage complaint process is separate from unemployment. Go to lni.wa.gov and search for \

Thank you! I feel so stupid now - I've been waiting on ESD for nothing. I'll submit the L&I complaint today. Did you need to provide any specific documentation with your claim? I have texts, emails and timecards. Also, did you have to attend a hearing or anything?

dont waste ur time with L&I!!! they took FOREVR on my claim and then said they couldn't help. ended up having to get a lawyer anyway and she got me 3x what they owed me because of the penalties!!! the company knew exactly what they were doing. if ur boss is ignoring u already, they're not gonna suddenly pay when L&I sends a letter. just my 2 cents

That's concerning! I was hoping to avoid lawyer fees since that would eat into what I'm trying to recover. Did you find a lawyer who took a percentage instead of requiring payment upfront?

ya she took 33% but only if we won. ended up getting $4k in penalties on top of my $2200 in wages so I still came out way ahead. lawyer sent ONE letter and they paid within 2 weeks lol. they knew they were screwed

You actually have multiple options, and I recommend pursuing them simultaneously:\n\n1. File a wage complaint with L&I as mentioned (not ESD)\n2. File a small claims court case (if under $10,000)\n3. Contact the WA Attorney General's office - they have a workplace rights division\n\nMost importantly, document EVERYTHING. Every shift, every communication, names of witnesses, etc. Be aware that if your employer has a pattern of wage theft, this strengthens your case considerably. Washington law entitles you to double damages if the wage withholding is deemed willful, plus attorney fees if you need to take it to court.\n\nThe Northwest Justice Project also has a Worker Rights unit that might be able to help: https://nwjustice.org/get-legal-help

Thank you for the comprehensive breakdown! I didn't know about the Attorney General option or the Northwest Justice Project. I'll definitely look into both. Quick question - does filing with L&I prevent me from also pursuing small claims court?

You can pursue both avenues, but if L&I resolves your claim, you would need to withdraw your small claims case. Some people file both because L&I can be slow (3-7 months sometimes), while small claims might get you in front of a judge within 6-8 weeks. The downside to small claims is you have to do all the legwork of serving the employer and collecting any judgment yourself.

Had the same thing happen to me last year!!!! My boss stopped paying me and then ghosted completely. I tried calling the company like 50 times. I filed with L&I and still haven't heard ANYTHING back after 6 months. Such a mess. Hope you have better luck than me :

If it's been 6 months with no response from L&I, you should definitely call them for a status update at 1-866-219-7321. Sometimes claims fall through the cracks or get assigned to investigators with huge backlogs. You can also try contacting your state representative's office - they often have constituent services that can help nudge state agencies.

I had trouble connecting with L&I when I had a wage issue last year - their phone lines were constantly busy and emails went unanswered for weeks. Eventually I found Claimyr (claimyr.com) which helped me get through to an actual human at L&I on my first try. They have a demo video showing how it works: https://youtu.be/7DieNd3C7zQ?si=26TzE_zGms-DODN3\n\nOnce I actually talked to someone at L&I, my case moved forward much faster. The investigator told me they prioritize cases where the person calls to follow up because it shows the claim is still active. I recovered all my wages plus interest within 2 months once I got someone's attention.

Thanks for the tip! I've already experienced the frustration of trying to get through on government phone lines with ESD. I'll check out that service if I run into the same issues with L&I. Did you find the service easy to use?

Super easy - it basically just holds your place in line and calls you when an agent is available. Saved me from sitting on hold for hours. The L&I investigator I got was actually really helpful once I could talk to her directly.

Omg I'm so sorry you're going through this!! Same thing happened to my boyfriend last year - his company owed him $1800 and just kept making excuses! So infuriating! He tried L&I but ended up having to bug them constantly for updates. It's a good option but be prepared to follow up A LOT. He finally got his money about 4 months later.\n\nAlso someone mentioned small claims court which is actually what finally got the company to pay him - he filed the paperwork and as soon as they got served, they magically found his money lol. Cost like $50 to file in our county.

That's interesting! Maybe I should start with small claims to light a fire under them. Did your boyfriend need any special documentation for small claims or just the basic proof of work and missing payments?

He brought his timesheets, text messages with his manager confirming shifts, and a spreadsheet showing what he should have been paid vs what he actually received. The judge was super nice and made it pretty easy! But like I said, they paid as soon as they got the court papers so he didn't actually have to go through with the hearing.

I want to clarify something important: when pursuing wage theft, you need to know exactly what law applies.\n\nIf this was a regular job (W-2 employee), then yes, L&I handles wage complaints.\n\nIf you were an independent contractor (1099), you generally need to pursue payment through small claims court instead, as L&I primarily handles employee wage claims.\n\nFor either situation, keep records of:\n- All work performed (dates, hours, tasks)\n- All communications about payment\n- Any witnesses who can verify your work\n- Company policies regarding payment\n- Previous pay stubs showing your rate\n\nAlso, Washington allows for treble damages (3x the amount owed) in willful wage withholding cases, but you typically need to go to court to get this.

I was definitely a W-2 employee, not a contractor. I have all my past pay stubs showing my hourly rate and the regular payment schedule. Based on all the advice here, I'm going to file with L&I today and also prepare for small claims court if needed. Thank you for the detailed breakdown!

wow so many people dealing with this same issue! what is wrong with companies these days??!! i'm currently fighting with my old job about 120 hours of overtime they won't pay me for. it's been 2 months and they keep

Overtime violations are actually one of L&I's priorities right now. Make sure you document exactly which hours were overtime (over 40 in a workweek), as the penalties for unpaid overtime can be higher than regular wage violations. The statute of limitations is also 3 years, so you have time to pursue this.