Legal Question in Employment Law in California

I've been laided off / quit after not being paid for a total of 11 weeks in 2009 and 2 weeks into 2010

( my last day of work 1/13/2010 ) before telling my boss ( for the final time ), I can't afford to work for the company anymore. I know this sounds gulible to work this long and continue to rack up back pay on a promise to pay. But,I did.

In October, I told my boss that I was going to resign because of the payroll situation.( at this point

payroll was 10 weeks behind ), He asked me to stay on, I said I would, on his word that payroll would catch up. It did not ! My last pay check was recvd. 1/18/2010, was dated 12/23/2009 and was for the pay period from 9/29/2009 to 10/4/2009.

I had worked for the company for 9+ years and was at a position I was very happy with for growth

and advancement, and was told if I hung in there,I would be rewarded when the company recovered.


Asked on 2/25/10, 6:59 pm

2 Answers from Attorneys
Arkady Itkin Law Office of Arkady Itkin

Hello. There seems to be no question at the end of your message, but I assume that you would like to recover your unpaid wages. If that's the case, it sounds like you have a legitimate wages claim, and taking action sooner than later is a good idea, especially if the reason for the employer's failure to pay is their financial condition or if they are on the verge of bankruptcy.

Thanks,

Arkady Itkin

San Francisco & Sacramento Employment Lawyer

http://www.arkadylaw.com

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Answered on 3/02/10, 9:31 pm
Terry A. Nelson Nelson & Lawless

Any claim of unpaid compensation can be filed at the Labor Commissioner; seek the pay, interest and penalties. If you win your case, you'd be entitled to reimbursement of your attorney fees.

If you had been terminated 'in retaliation' for making you demand for pay, that would be grounds for a civil lawsuit justifying general damages. You quitting does not count.

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Answered on 3/03/10, 9:51 am


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