Legal Question in Employment Law in California
Failure to pay wages after resignation
I freelanced for a company for two months, and was paid hourly. t has been six weeks since my last paycheck. I mailed a letter to my former employer stating that if I didn't receive payment in ten days, I would seek small claims court action. He responded that he does not have the money to pay me, and is simply waiting for his cash flow to resume. Assuming I do go ahead with small claims court, and he still doesn't have the cash to pay me, what kind of benefits can I get from this? Am I entitled to interest or accrued payment?
1 Answer from Attorneys
Re: Failure to pay wages after resignation
It would be wise to send the "employer" one final letter by certified mail, return receipt, so you can show the court that you made a demand that was received. You should be entitled to interest on the amount at the legal rate of 10% annually. Whether you'll be able to collect a judgment, though, is another story. -Robert F. Cohen, Esq.
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