Legal Question in Employment Law in California

What do I do????

Former employer doesn't want to pay me and it's been a month since I was supposed to receive my check what do I do? I dont know what my legal rights are but I deposited a check and now my employee is trying to blackmail me by saying he isn't going to pay me and if I take him to court he is going to tell my husband that I was cheating on him at work what do I do???


Asked on 1/26/07, 12:04 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

Re: What do I do????

File a claim with the Labor Commissioner, seeking the pay plus interest and penalties. Tell them of the threats. If he does slander you, then a lawsuit may be appropriate, in which case feel free to contact me for help.

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Answered on 1/30/07, 7:02 pm
Carl Starrett Law Offices of Carl H. Starrett II

Re: What do I do????

If your employer terminated you or if you gave more than 72 hours notice, you should have received your last paycheck on your last day of work. If you quit without notice, then you employer had 72 hours to give you your final paycheck.

I'm not a marriage counselor, but it seems to me that you should tell your husband about this entire situation. Even if the allegations were true, better to hear it from you than a stranger. If you tell your husband, this takes away any power of intimidation the former employer may have over you.

You file a lawsuit in small claims court or you can file a claim before the labor board. The labor board will take longer, but it is less intimidating to employees.

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Answered on 1/30/07, 5:57 pm


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