Legal Question in Employment Law in California

I live in California, and I am payed on Salary. My employer did not pay me due to lack of funding in the company, even though the continue to buy new equipment, hire new employees and rent more office space. They refuse to tell me a date that they will actually pay me. I am typically payed on the 1st and the 15th of the month. As of right now, I have worked one and a half pay periods without pay. Although not important, I had worked a 65 hour week and a 75 hour week for this current pay period. I decided to take a couple of impromptu days away from the office, due to stress and anger. If I were to quit, or if they fired me for taking an extended vacation until they pay me, would I still be eligible for Unemployment Insurance Benefits in California?

They are blaming their inability to pay us on delivery times not being met, but they are saying that it is the employment's fault. When in fact it has been their fault for not managing their clients and their resources properly.

Asked on 12/18/12, 2:13 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Employees are entitled to be fully and timely paid. If you are not, then you can file legal action for all unpaid compensation, interest and penalties that are incurred by the delay.

If you are properly classified salary 'exempt', then you can be required to work far more hours than 8/40 without overtime. However, you need to determine if you are 'exempt'. If not, then even though salaried, you would be entitled to overtime.

If you are retaliated against for requesting your pay, that becomes another cause of action in a lawsuit.

If you are fired, you can apply for unemployment benefits. You can do so if you quit, as long as you can convince the EDD that you were justified in quitting because of lack of pay.

If serious about getting counsel to help you go after your unpaid compensation, feel free to contact me.

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Answered on 12/18/12, 3:33 pm

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