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Back Pay in CA

DachshundDachshund Registered User regular
edited August 2010 in Help / Advice Forum
I worked for a company in CA from Jan 2008 through May 2010. I have not been paid for the work that I did from about Feb 2010 through May 2010. The back pay is roughly $40,000, including both pay and per diem (it was a traveling job). I spoke with my boss in June and haven't been able to reach him since. He hasn't responded to calls or email.

I contacted the client of the last contract job that I did and discovered that my boss hasn't even billed them yet. It is months overdue.

What are my options? I spoke with a lawyer who suggested that I attempt contact 1 more time and tell my boss that I will be taking legal action if I do not hear from him within 7 days. Pretty lackluster advice, but I did it and 7 days are up on Monday. A different lawyer said to fill out a form with the CA labor board: http://www.dir.ca.gov/dlse/howtofilewageclaim.htm

I have all of the timesheets and receipts from this time, signed by my clients.

Dachshund on

Posts

  • DachshundDachshund Registered User regular
    edited August 2010
    Perhaps the weekday crowd has some tips?

    Dachshund on
  • dlinfinitidlinfiniti Registered User regular
    edited August 2010
    follow your lawyers' advice, talk to them and come up with a plan, they're experts in what they do (hopefully), and you're paying them to do it, i doubt you're gonna get any better advice here

    dlinfiniti on
    AAAAA!!! PLAAAYGUUU!!!!
  • KakodaimonosKakodaimonos Code fondler Helping the 1% get richerRegistered User regular
    edited August 2010
    I'd file the wage claim. Was this a 1099 job?

    Worst case, you get a call from the department of Labor telling you they don't handle 1099 disputes and then you go ahead and hire a lawyer.

    Kakodaimonos on
  • DachshundDachshund Registered User regular
    edited August 2010
    Nope I was a full time employee & received W-2s each year

    Dachshund on
  • KakodaimonosKakodaimonos Code fondler Helping the 1% get richerRegistered User regular
    edited August 2010
    Definitely file the wage form with the state. The state will drop the hammer fast on a company that doesn't pay their employees.

    If you're feeling really vindictive, you can start calling the IRS about the missing witholdings.

    I assume you've moved on to a new job?

    Kakodaimonos on
  • DachshundDachshund Registered User regular
    edited August 2010
    I wish. Job hunting now.

    Second q: does not being paid or given work mean I qualify for unemployment? I was never fired. Boss just disappeared.

    Dachshund on
  • KakodaimonosKakodaimonos Code fondler Helping the 1% get richerRegistered User regular
    edited August 2010
    Yes. That's considered "constructive discharge". In your case, it's pretty clear cut. Call up the state unemployment division and get that ball rolling.

    Kakodaimonos on
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