Legal Question in Employment Law in California

they aren't paying me

Ok. I began working with a placement agency. They sent me to where I am at now and I saty with the agency for 520 hours after which I could become a permanent employee (this was just last week) BUT, the agency hasn't paid me for last two weeks (last week was my last one on their payroll) and I am in collection in a checks cashing place because 3 of their payroll checks bounced. The checks cashing place is threatening me with lawyers and even jail time if I don't pay them NOW.. I have been constantly calling the agency to get them to pay the checks off, when I firt brought it to their attention, they promise to send payment that week and they never did, and that was over a month ago. Now when I try calling them regarding the matter, they just hang-up on me or tell me, ''the person you need to speak to isn't here''. I mean I am really tired of this and I am also stressed because I know the checks cashing place can take legal action against me. Is there enough to sue them, take them to court? I mean I don't know anything about this but I am in serious need for the money. My bank account is overdrawn because the money that was supposed to be there isn't and I have many bills to pay. Please help!


Asked on 3/24/04, 1:48 pm

3 Answers from Attorneys
Robert F. Cohen Law Office of Robert F. Cohen

Re: they aren't paying me

You can immediately go to the California Dept. of Labor (EDD) and tell them you haven't gotten paid. They'll start a wage action on your behalf. See if they'll add on the bounced check fees.

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Answered on 3/25/04, 4:29 pm
Thomas Pavone Pavone & Cohen

Re: they aren't paying me

To clarify the prior response, you need to file a claim with the California Labor Commissioner, also known as the Division of Labor Standards Enforcement - there are specific labor code provisions that address bad checks

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Answered on 3/25/04, 7:17 pm
Terry A. Nelson Nelson & Lawless

Re: they aren't paying me

Contact the police with the bounced checks and request they file charges; the contact from police should get you paid. File a claim with the Labor Commissioner for all unpaid wages, penalties and interest. Hire an attorney to represent you in the hearings. Contact me if interested.

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Answered on 3/25/04, 11:14 pm


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