Legal Question in Employment Law in California
I signed an employment contract (1099) for 7 months back in October to manage a financial firm. I am now in my 5th month on a $4,000 a month salary. My pay has had issues from day 1. I am constantly paid 3-4 days after payday (1st and 15th), I have had 4 checks bounce causing major issues with my family's finances, and on 3/15 I did not receive a check. When I inquired about the check on 3/17, I was told to "quit whining about my pay". I resigned my position on the spot and was told "good luck getting any money from us" even though my contract is explicit. Even though I resigned, the owners forced me out of the office without my ability to grab my personal items, including my contract. As of today, no money has been paid to me for 3/15 which is needed to pay our rent today. I need help. I was also "promised" a bonus of $3500 on 3/1 for February production, but was told there was "no money" and did not see a penny of that "promise".
2 Answers from Attorneys
Well, by quitting you potentially harmed your ability to get unemployment benefits, but you need to file for them anyway and explain the circumstances. You should immediately file a claim for unpaid wages, penalties, interest, etc. with the Labor Commissioner. Go to their local office in Santa Ana and try to get them to call the employer and demand your accrued pay and last check. If that doesn't get your checks, then file your claim paperwork, and start the process, it will take time.
Getting that contract is essential, as it may control what rights and obligations are imposed on the parties. If the employer will not willingly provide your copy, make a written demand, under Labor Code section 432, that it be provided immediately, and send it by certified mail. You should also demand the return of all your personal property. If they do not, you have civil remedies and you can file a theft report with the police.
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