Legal Question in Employment Law in California

Refusal to pay employee

I was working for an independant record label for six weeks and now the owner is refusing to pay me. I was told that I would be paid on the 1st and the 15th of every month in te amount of $1570 per check and that I would be riembursed for parking until they could get me a parking pass. My last check was cut on the 15th of Nov. and I was supossed to be paid again on Dec. 1st. My boss said that he was just waiting for something to come through and that I would be paid on the third. I have talked with him everyday and everyday he says that I will be paid the next day and today he told me that I was not going to be paid for the last month. He then stated that I would be paid as soon as he could get the money but he doesnt know when that will be. What should I do as far as getting the money owed to me? I don't have a copy of any of my employment paperwork for his company, but I do have witnesses that are his clients, another employee, and parking recipts.

Thank You in advance for anything you can do.


Asked on 12/12/04, 8:44 pm

3 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Refusal to pay employee

File a wage claim with the Labor Commissioner if you are not timely paid. If it is contested, you may need an attorney to represent you at the hearings and trial. Contact me if you do.

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Answered on 12/14/04, 12:32 pm
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Refusal to pay employee

In addition what has already been suggested, you should also check with EDD to see if you were listed as an employee by this employer and payroll taxes were paid. Some small employers never bother to do this. He could be audited and pressure put on him to pay your wages, as well as payroll taxes he may not have withheld. Facing penalties by the EDD will teach him to not do this to anyone else.

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Answered on 12/14/04, 12:42 pm
Robert F. Cohen Law Office of Robert F. Cohen

Re: Refusal to pay employee

You can make a complaint to the State Labor Commissioner, or file a small claims action (but that would certainly put you on the outs with the label). If he had a custom and practice of paying you at a certain time and reimbursing you for parking, and you can prove he did this in the past, that's pretty good evidence that you had an oral agreement along those lines. Good luck.

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Answered on 12/13/04, 9:27 pm


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