Legal Question in Employment Law in California

My company is struggling financially, to where many of us have not been paid for the previous two or three pay periods, which for us is every two weeks. I've given my month's resignation, per my contract. Questions: given the circumstances, am I obliged to work out this month? We have no idea as to when we are going to be paid-no date given. Also-would I be eligible for unemployment after this position has ended, or is there any recourse that can be taken at this time?


Asked on 6/27/21, 7:50 pm

1 Answer from Attorneys

Timothy McCormick Haapala, Thompson & Abern, LLP

You should file a complaint with the Dept. of Industrial Relations immediately. https://www.dir.ca.gov/dlse/HowToFileWageClaim.htm If you have a contract calling for one month's notice, you can still legally quit at any time, but you my jeopardize your unemployment claim. Failure to pay wages CAN be grounds for finding a quit was not a voluntary quit, but that could be complicated by an early quit. You also should have made your resignation dependent on pay, i.e., you would stay if back wages paid. Again, you can still quit, but you may have an uphill fight with EDD about the quit if you quit no matter what the pay situation in the next month. Not saying you will ultimately be denied, but you probably would be denied and have to appeal.

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Answered on 6/28/21, 5:49 pm


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