Legal Question in Employment Law in California

payment of wages due when laid-off

I have worked as COO for an e-commerce company for the last 2 1/2 months. Yesterday, the CEO presented myself as well as 3/4 of the staff with a "Waiver of Employment Salary", esentially laying us off without paying us for the last two weeks of work which should have been paid today. (We are paid on the 5th and the 20th of each month). I know they have 4 potential jobs on the burner and we have been told if any of them become a reality within the next week, our jobs will be reinstated and our salaries paid. If not, the CEO will be shutting the company doors and more than likely filing for Chapter 11. Is there anything I can do to protect myself and my families' livlihood? Right now my paycheck is what pays our bills, and though I'm confident I could find another job quickly, I cannot go without this paycheck due me. A response would be greatly appreciated.


Asked on 8/04/00, 5:02 pm

1 Answer from Attorneys
Joseph Posner

Re: payment of wages due when laid-off

Go IMMEDIATELY to the nearest office of the CA Dept of Labor Standards Enforcement (DLSE} and file a claim for your money. Suggest that others do the same. Emphasize to DLSE (hopefully to a DLSE lawyer) the urgency of the situation. Perhaps the DLSE can intervene in

some way in order to preserve what money is left. I wouldn't hold my breath about getting recalled if things pick up; this is a pretty low thing to do and tells you something about the morality of the CEO. Sounds like it's time to update the resume, call the headhunters, etc. Good luck.

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Answered on 9/13/00, 8:07 pm


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