Will I Go to Jail for Unpaid Wages Fraud?
If you're facing allegations of unpaid wages fraud, you're likely feeling anxious and uncertain about your future. At Spodek Law Group, we understand the stress and fear that comes with potential criminal charges. Our experienced attorneys are here to guide you through this difficult time and fight for your rights.
Understanding Unpaid Wages Fraud
Unpaid wages fraud occurs when an employer intentionally fails to pay employees the wages they are legally owed. This can take many forms, including:
- Failing to pay minimum wage
- Not paying for all hours worked
- Misclassifying employees as independent contractors
- Requiring off-the-clock work
- Not paying overtime
- Making illegal deductions from paychecks
While honest mistakes can happen,
intentionally depriving workers of earned wages is a serious offense that can lead to both civil and criminal penalties.
Potential Criminal Consequences
In severe cases of wage theft, employers may face criminal charges at the state or federal level. Factors that can lead to criminal prosecution include:
- Large-scale or systematic wage violations
- Falsifying payroll records
- Retaliating against employees who complain
- Repeat offenses
Criminal penalties can include:
- Fines up to $10,000 per violation
- Imprisonment for up to 6 months (first offense)
- Up to 1 year in prison for subsequent offenses
However,
jail time is typically reserved for the most egregious cases involving substantial amounts of unpaid wages or other aggravating factors.
Civil vs. Criminal Cases
Most wage theft cases are handled through civil proceedings rather than criminal charges. The key differences are:
| Civil Cases |
Criminal Cases |
| Brought by employees or labor agencies |
Prosecuted by district attorneys or DOJ |
| Seek repayment of wages and damages |
Can result in fines and jail time |
| Lower burden of proof |
Must prove intent beyond reasonable doubt |
| No risk of imprisonment |
Potential for incarceration |
While civil cases are more common, the threat of criminal prosecution gives authorities leverage in serious wage theft investigations.
Factors That Influence Criminal Prosecution
Whether unpaid wages fraud leads to criminal charges depends on several factors:
- Scale and duration of violations
- Intent and willfulness of employer actions
- Prior history of wage and hour violations
- Efforts to conceal underpayment of wages
- Retaliation against employees who complain
- Cooperation with investigators
Prosecutors have discretion in deciding whether to pursue criminal charges. Working with an experienced attorney early on can help prevent a civil case from escalating to criminal prosecution.
Defending Against Unpaid Wages Fraud Charges
If you're facing allegations of wage theft or unpaid wages fraud, having a strong legal defense is crucial. At Spodek Law Group, our attorneys have extensive experience handling complex white collar and employment law cases.Some potential defenses we may explore include:
- Lack of criminal intent
- Honest mistakes or accounting errors
- Compliance with applicable wage laws
- Proper classification of workers
- Good faith disputes over wages owed
- Statute of limitations has expired
We'll thoroughly investigate the allegations, review payroll records, and work to build the strongest possible defense for your case.
Why Choose Spodek Law Group?
When your freedom and livelihood are at stake, you need an experienced legal team on your side. Here's why clients trust Spodek Law Group to handle their unpaid wages fraud cases:
- Over 50 years of combined legal experience
- Former federal prosecutors on staff
- Deep knowledge of state and federal wage laws
- Track record of successful case outcomes
- Aggressive defense strategies
- 24/7 availability for clients
We understand how stressful wage theft allegations can be. Our compassionate attorneys will guide you through every step of the legal process and fight tirelessly to protect your rights.
Don't Face Charges Alone - Contact Us Today
If you're under investigation for unpaid wages fraud or facing criminal charges, time is of the essence. The sooner you have experienced legal counsel on your side, the better your chances of a favorable outcome.
Call Spodek Law Group today at 212-300-5196 for a free, confidential case evaluation. Our skilled attorneys will review your situation, explain your options, and develop a strategic defense plan.Don't let wage theft allegations jeopardize your future. With Spodek Law Group in your corner, you'll have a powerful advocate fighting for your rights and freedom. Contact us now to get started on your defense.
