Legal Question in Employment Law in California

Short Unpaid Wage Question
In mid september I gave a two week notice to my employer that I would be leaving the company by October 1st - I had two jobs in september and my last job was on september 23rd. The company owes me 300 dollars for them and I have yet to see a check. I get the feeling that they might try to pull something strange and my questions are:

What are the rules/penalties for payment/non-payment of a last check?

And what agency/group will pursue the matter for me if I'm considered an independent contractor?

I'm a student with little funds and I need to find a relatively inexpensive way to recover what they owe me.

Please advise - thank you.

Asked on 10/08/06, 6:25 pm

2 Answers from Attorneys

Beth Mora Cooper & Mora, A Professional Corporation

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Re: Short Unpaid Wage Question

I would not be so quick to agree that you are an Independent Contractor simply because you have a contract for employment - often these agreements are not in compliance with the law. As such, you may have avenues through the California Labor Commissioner which you can find on line or in the blue section of your yellow pages. In the alternative, you can seek legal counsel for breach of contract. However, that will likely be hourly. As such, I suggest you contact the Labor Commissioner and seek to recover your wages through them and seek penalties (30 days of waiting time penalties) and interest.

Best of luck, Beth Mora

Answered on 10/17/06, 4:01 pm

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