Legal Question in Employment Law in California

I've been paid late every pay period for six months. Not a day or two, but days or weeks late. Because of this, we have paid our rent late every month - with a late fee each month, and once we had to pay a $600 fee to avoid eviction. Now, they haven't paid my alimony for 5 consecutive weeks. If I file with the Labor board, it will take weeks. Also, they'll fire us in the meantime. (Or close the business) Do I have any alternatives? Is the company liable for any legal fees we incur because they don't pay us?


Asked on 4/23/12, 6:47 pm

2 Answers from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

You can either file a complaint with the Division of Labor Standards Enforcement (what you call the Labor Board), sue them in court (small claims if under $1,000 in damages) or hire a lawyer to send a threatening letter to do one or the other (the lawsuit would have to be in superior court if you use a lawyer).

None of these approaches are likely to satisfy your need for instant satisfaction. And none will guarantee you won't be fired, though the employer may have bought themselves a wrongful termination suit for having done so.

If it were me, I would choose the DLSE. It would be the quickest and most cost efficient method for the type of claims you are making.

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Answered on 4/24/12, 11:05 am
Terry A. Nelson Nelson & Lawless

You can either sue in court or file a claim with the Labor Commissioner for unpaid wages, late pay penalties, damages, interest, and attorney fees if you win in court. If serious about hiring counsel to help in this, and if this is in SoCal, feel free to contact me. Keep in mind that if the company really is out of money and going broke and files BK, as implied, then your likelihood of recovering any damages is impacted.

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Answered on 4/24/12, 1:01 pm


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