Legal Question in Employment Law in California
I work for an employer that has fallen behind on payroll and owes me approximately $40,000 in back payroll. The company only has about 5 employees left and just recieved in a purchase order for $40,000. The work to complete this order will be 100% done by me, nobody else even has the ability to do it here, and there is no chance of hiring anyone outside to do it. What legal options do I have to contract my employer to give me half the PO value for my services to complete the said work?
2 Answers from Attorneys
Since this employer owes you $40,000 in wages, you can negotiate an agreement to reduce the arrears, in addition to continuing your current salary upon terms you can both live with. If you can reach an agreement, be sure to reduce it to writing, so there is no room for disagreement later. If the employer refuses to allocate any of the money toward the arrears, this is a sure sign they have no intention or ability to pay you and you should make your decisions accordingly.
You either try to collect it now or you could end up with a defunct and out of business employer from whom you'll never be able to collect. An agreement as suggested is one reasonable way. If serious about getting legal help in this before it is too late, feel free to contact me.
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