Legal Question in Employment Law in California

Company can't pay what they owe

I made an agreement with a mortgage company to start a

closing divsion for them. They told me that they would pay

me $52,000 a year which comes out to $1000 a week or $200 a

day. On Monday they fired me after 7 weeks. I got my first

pay check for two weeks which was for the correct amount,

then I didn't get paid for the last four weeks. They told me

it had to do with another company not paying them or

whatever. Well, when they fired me he gave me a check for

$500 and they really owed me about $2600 for four weeks of

work. He then proceed to tell me that the company doesn't

have funds to pay me and so they just paid me min. wage. My

mistake was that I didn't sign a contract, but my first pay

check was correct and now the second one for twice as many

weeks is like less than half for only two weeks. I was

wondering if I could take this to court to have them pay me

the $2300 they owe me. If I can/can't would a audio of the

boss saying he owes me the money and just can't pay it be

acceptable to use in court? Because I don't have a pay

check. I talked to him today and he said he knows he owes

it to me he just won't pay it. Please respond because i

despe


Asked on 10/17/02, 7:30 pm

2 Answers from Attorneys

Re: Company can't pay what they owe

The company owes you all the wages that you earned pursuant to your agreement. You can pursue this claim through the Labor Board. You will also be entitled to waiting time penalties of up to 30 days wages and interest. You might also have a wrongful termination claim, in which case you can add the failure to pay wages as part of the suit and collect attorney fees. If interested in further discussion, please contact me at [email protected] or 805/641-6600.

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Answered on 10/23/02, 12:31 pm
Terry A. Nelson Nelson & Lawless

Re: Company can't pay what they owe

File a wage claim with the CA Labor Commissioner, for your pay plus interest. That filing will prevent the company from ignoring you. You may someday get paid, if the company survives and has any funds.

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Answered on 10/23/02, 1:13 pm


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