Claim for Wages Instructions

Form 17081 (330kb pdf)

If the employer has not responded to your demand letter (as described in the preliminary procedures) with full payment, it is your right to file a wage claim with the Department of Labor by completing the wage claim form. However, do not fill out the claim for wages form if:

1. You acted as an "Independent Contractor" and not as an employee of the business,
2. You are self-employed,
3. You intend to bring a private legal action against your employer regarding this wage claim,
4. You already have a judgement involving the same wage claim,
5. Your employer has filed for bankruptcy. If so, you should contact the Bankruptcy Court or a private attorney for further instruction. The address of the Bankruptcy Court in North Dakota is 655 1st Ave North, Suite 210 Fargo, ND 58102. The telephone number is (701) 297-7100.
6. Your claim is for unpaid wages that have been owing for more than two years as there is a two-year statute of limitations for department investigation.

Completing the Wage Claim Form:

Read all questions on the wage claim form carefully before answering. Your claim should be filled out completely and legibly, and must be signed and dated. Please print or type and do not staple any items to the claim.

Be certain that your name, address, and telephone number are correct. If you do not have a telephone, please try to provide the number of a friend or relative who could contact you. If your address or telephone number changes after filing the claim, you must notify the Department of Labor. Your claim may be closed if we are unable to reach you.

Provide your employer's name, name of the business, correct address and telephone number. Provide a dollar amount due. If you are filing against more than one employer, use a separate wage claim form for each. Also, each claimant filing against an employer must use a separate claim form. Return the original, signed and dated form to the department.

Note of Explanation and Supporting Documentation:

Along with the completed form, it is important that you send any documentation you have to support your claim. Documentation that may be useful includes:

• A signed note explaining the circumstances of the claim, how you arrived at the claim amount, and any other relevant information
• A copy of the demand letter you sent to the employer
• A copy of your paycheck (front and back) and check stubs or payroll vouchers
• A copy of any agreements that were entered into and signed by the you and the employer
• A written, notarized statement, with name and address, from fellow employee(s) who could substantiate the claim
• A copy of your work schedules, time sheets, or any other documentation verifying the number of hours worked
• If the claim involves a verbal agreement, provide a thorough written statement detailing the terms of the agreement
• A copy of your W-2 form from the employer

Counter-Claim Process:

North Dakota Century Code 34-14-05 allows the Commissioner of Labor to consider counter claims from employers for any offsets or deductions to the wages asserted by an employee filing a claim for wages.

Employers are notified of this right and the process to follow to file a counterclaim in the initial claim notification letter sent to them from the Department of Labor. The department cannot accept a counterclaim for issues of alleged theft or till shortages or for any legal costs or time incurred by an employer in responding to a wage claim. Additionally, the dollar amount of a counterclaim cannot exceed the dollar amount of the wage claim filed by the employee. Please note that an employer may file a counter claim only after a wage claim has been filed by an employee.

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