Legal Question in Employment Law in California
Unpaid checks
My husband has been working from Jan 05 til today mid-Oct, it's already 9 months and he never get paid for once. He emails and leaves notes on the desks of his boss and the accountant but they are always out of the office. Also, he does not get any medical insurance information. What should he do to get all the paychecks plus the insurance information without losing his job? Thanks!
3 Answers from Attorneys
Re: Unpaid checks
Immediately pursue a claim with the Labor Commissioner for compensation, penalties and interest. Contact a local attorney if you need to, you can recover the fees as well.
Re: Unpaid checks
Claifornia law requires payment on a monthly basis for exempt employees and twice monthly for non-exempt employees. You should counsel with an employment law attorney to determime your status and the best strategy to get paid. If I can be of help, feel free to contact me directly.
Re: Unpaid checks
Nine months of working without being paid is a signficant period of time and most likely, a sizable amount of money. California law requires that employers pay their employees, there are legal avenues to pursue to obtain payment. Your husband should make an appointment with an employee rights attorney in your area to evaluate his situation and determine his options. Being paid properly and promptly, and having access to promised benefits may outweigh the interest your husband may have in keeping a job that he seems essentially to be doing for free.
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