Legal Question in Employment Law in California

Employee compensation

Hello... I'm in need of some legal advice. I recently resigned from my job a little over a month ago due to various reasons. My final day was on May 9th 2008. I worked freelance as an editor for a small boutique post production company that specialized in personal documentaries. My hourly rate was way below what I should be making in that type of position. Plus, the amount of work that I did could be considered the job of two people.

The way the payment process went was workers would would turn in an invoice and get paid every friday.

It is now June 13th 2008 and I have yet to receive my final paycheck. How should I go about this situation? I had sent my former employer an email on the eve of June 8th requesting my final paycheck and I have yet to receive anything. As much as I don't want into get the whole legal thing, it seems to be heading towards that direction. I just want what is rightly owed to me for my services rendered at the company.

Any legal advice would be greatly appreciated. Thank you.


Asked on 6/13/08, 1:04 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Employee compensation

Send a certified letter to the employer, detailing the money due to you and give a deadline for them to pay you (like 5 business days). Include, in your demand, the equivalent of a day's pay, for 30 days, as a penalty for being late, citing Labor Code, Section 203.

If they fail to comply, file a claim with the California Labor Commission, for all that is due you, plus penalties.

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Answered on 6/16/08, 3:01 pm


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