Legal Question in Employment Law in California

Have not been paid after being laid off

I was laid off in November 2002, and have not been paid for the entire month of November. My ex-boss refuses to send in my timecards, which I have witnesses of me working, so that I may recieve the checks themselves at least. The problem is that my timecards always were hand written by me, which was the company policy. Do I have any case against them being that my timecard was hand written? Also, I know that there is no money in the company bank account (I verify funds through the bank daily) is there any recourse with that? Any further questions please let me know, I realize this post is rather brief.


Asked on 12/30/02, 7:12 am

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Have not been paid after being laid off

file a claim with the Labor Commissioner to get them involved and help you.

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Answered on 1/02/03, 1:51 pm
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Have not been paid after being laid off

File a claim with the California Labor Commissioner as soon as possible, and ask for waiting time penalties. It is not your responsibility to keep track of the time cards to get paid. That is the role of the employer. If they claim you did not work in November, bring or subpoena witnesses. Lack of funds is no excuse to not pay earned wages. If the company is still doing business, it can still pay its bills.

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Answered on 12/30/02, 4:41 pm


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