Legal Question in Employment Law in California

Need backpay

I work for a small company, around 20 employees. the company has been in financial trouble for months now. the last paycheck we received was paid by a company that right now is in negotiations to take over the company.

so on that friday of receiving our checks we were already in our first week of the new pay period.

my employers knew they wouldn't be able to cover the next pay period. but had us continue to work to finish a project that they needed to negotiate with the takeover.

we were never officially laid off. they told us that pay period would be late, and will arrive on monday. tuesday came and all the employees decided to lay off ourselves and contact edd. from what i understand that is called a constructive discharge. we told our bosses what we did and they were fine with it. how can we recover two 2 week pay periods owed?

if we file as a group with the labor standards enforcement will we have a chance in recovering lost wages?

did my employers commit a crime by continuing to have us work knowing payroll could not be made?

now the takeover process has started they want us to return to work without backpay.


Asked on 6/11/02, 10:49 pm

1 Answer from Attorneys
Martin Lathrop Russakow, Ryan & Johnson

Re: Need backpay

You can go to the state labor board and make a claim to receive your back wages. If you want to work for the new organization, you may do so. I personally would want a contract prior to returninig to work for them. There are a number of employment contracts available to you. Make sure the term of employment is in there as well as your compensation, vacation, benefits ect.

You should also include a provision where you cannot be fired without just cause.

Good luck and thank you for your question-Martin

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Answered on 6/12/02, 4:41 pm


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