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.
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!!!!
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KakodaimonosCode fondlerHelping the 1% get richerRegistered Userregular
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.
Second q: does not being paid or given work mean I qualify for unemployment? I was never fired. Boss just disappeared.
Dachshund on
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KakodaimonosCode fondlerHelping the 1% get richerRegistered Userregular
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.
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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.
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?
Second q: does not being paid or given work mean I qualify for unemployment? I was never fired. Boss just disappeared.