Legal Question in Employment Law in California

I work for a small engineering company in which my boss is 90% owner. The company went through a slow period and he is now asking the employees to take an "I owe you" which he will give us a signed statement. He says it is voluntary but he keeps pressuring us about it. I want to say no I need 100% of my paycheck but I feel that it may affect my upcoming performance review. What can I do about this?


Asked on 3/25/13, 5:01 pm

1 Answer from Attorneys
Charles Perry Law Offices of Charles R. Perry

I assume you work in California.

Your employer has a legal obligation to timely pay you wages pursuant to Labor Code � 204 and the sections of the Labor Code that follow it. An IOU would appear to violate Labor Code � 212.

Your legal remedy is to go before the Labor Commission to start an action for monies due, or to go to small claims court . Retaliation against you for starting this action is unlawful -- but that does not guarantee that your employer will refrain from doing so.

It may make sense for you and your fellow employees to meet with an an employment lawyer in your area to plan a strategy here. Working together may give you more options than working alone.

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Answered on 3/26/13, 12:37 am


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