Legal Question in Employment Law in California

My boss owes me a good deal of money from back-pay (around $7,000). I have 2 potential problems that I need guidance on. One though I have documentation through payroll as to when I was paid, there were also time when he paid me through personal check which I don't have documentation of but he does. I have asked him for the past three months to figure out how much he paid me through personal checks but he keeps on giving me empty promises. Second problem is his business isn't making money and I know he can't afford to pay me even if I did sue him. What happens when the person being sued cannot pay? is there another way for me to get my money?

Asked on 9/23/09, 1:27 am

2 Answers from Attorneys

Raymond Chandler Law Office of Raymond Chandler

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If you are sure he can't pay you because he doesn't have the money, you can ask him to set up a payment plan - so much per month. Get it in writing. If he won't agree to that, what's the point of working for him if you aren't getting paid? You can file a claim with the Cal. Dept of Labor Standards Enforcement (DLSE). They have a website. Or, you can sue him in small claims court. (No lawyers allowed on either side). It's relatively quick and cheap. And you can make him bring your payroll records to the hearing to show the judge.

Answered on 9/23/09, 9:50 am

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