Announcement

Collapse
No announcement yet.

past employer hasnt paid gf. help! California

Collapse
This topic is closed.
X
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • past employer hasnt paid gf. help! California

    Heres the story... My girlfriend has been working at a clinic and hasnt been paid two and a half months worth of paychecks, because the clinic and employer had insufficient funds (recently lost $500,000 due to poor management & sued by past employees). My gf and her employees agreed to get paid whenever the employer comes up with money, but as 10 or so weeks go by without pay, half of them quit. Its been almost 6 weeks since she quit and she still didnt get paid. She gave her empolyer many weeks and many chances, but still NOTHING. We already have a lawyer but we are unaware of whats to happen next.Its been 2 weeks since we sought legal help and all we can do is wait. Its a very rough and stressful situation being only 22 and going to college.

    We are far behind our bills,
    More fees keep building up,
    My gf cannot pay off her bankruptcy fees since 3 months ago
    We almost couldnt pay for her daughters costly hospital bills,
    Now she is being sued by a hospital for not paying her ER visit 2 months ago(supposed to be included with the bankruptcy but she had no money to pay)
    One of our cars is broken (we only have one car to share now)
    We have the worst luck...


    I am supporting her 100% and I just want to know what to expect in the few weeks to come...

    Were trying to hang in there

    Thanks

  • #2
    Filing with the DLSE would be free. However, an attorney will be faster. You'll have to ask the lawyer what the time frame is as to when the suit will be filed. I'm surprised she (and the other employees) waited that long. First or second paycheck, I would have been outta there.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

    Comment


    • #3
      Originally posted by restrella View Post
      Heres the story... My girlfriend has been working at a clinic and hasnt been paid two and a half months worth of paychecks,

      I am supporting her 100% and I just want to know what to expect in the few weeks to come...
      First thing to do is to call your creditors and explain the situation.

      The second thing to do is to find ANY job to cover the bills. You can always get a better job if you are currently working.

      It is not your (or her) responsibility to hang in there for somene else. They will not cover your back charges.

      Comment


      • #4
        Originally posted by Pattymd View Post
        I'm surprised she (and the other employees) waited that long. First or second paycheck, I would have been outta there.
        They only stayed there for that long because their pay was good (when they were getting paid), and the employer kept promising many times for thier large check.

        Originally posted by Pattymd View Post
        The second thing to do is to find ANY job to cover the bills. You can always get a better job if you are currently working.

        It is not your (or her) responsibility to hang in there for somene else. They will not cover your back charges.

        We are both currently working full time, but our $6500/ month income dropped to $2400/ month the past 3-4 months.

        She is working a temp job and is still trying to get another job in a hospital/ clinic

        Comment


        • #5
          Restrella posted: We already have a lawyer but we are unaware of whats to happen next?

          If you retained an attorney, you should ask the attorney directly as to the plan of attack he/she intends to take. That having been said, it would not be uncommon for an attorney to contact your girlfriend's employer and "demand" immediate payment for her back wages. If the employer declines, the attorney would then file a complaint and initiate a lawsuit to secure payment.

          Something to keep in the back of your mind....

          California Law mandates that an employer must pay an employee his/her full wages within 72 hours of termination (if the employee quits work) and immediatley (if the employee is fired). If an employer willfully fails to do so, the employee is entitled to what is referred to in the law as "waiting time" penalties -- one full days wages (up to 30 days) for each day the employer did not tender payment.

          Good luck to you and your girlfriend!
          Barry S. Phillips, CPA
          www.BarryPhillips.com

          IRS Circular 230 Disclosure: This response is intended to provide general information and written for educational purposes only. It does not establish a client relationship. This communication is not intended to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to any party any matters addressed herein.

          Comment


          • #6
            Ok

            Are you trying to say if an employer doesnt pay final wages to a past employee that employee is entitles to that days wages plus the wages they would have earned after that for every day that employer is late paying? I'm asking becuase I recently quit a job and the employer still hasnt paid final wages earned for the last day worked. They paid everything else. So if thats the case they owe me so far 7 times the amount I earned that one day up to 30 days. Its been 7 days already and I normally worked 4 hours but that particular day I worked 6 hours. What does the California labor board go by?
            Last edited by joysil; 10-30-2006, 10:53 AM. Reason: typo

            Comment


            • #7
              That's correct as far as the law goes, but it would be based on your regularly scheduled hours. But I'm a little confused. Did you not get your final paycheck at all? Or was it just short by 2 hours? When was your last day worked and were you fired or did you resign? And if you resigned, how much notice did you give?
              I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

              Comment


              • #8
                They didnt pay for the final day I worked which was 6 hours. yes i quit.

                Comment


                • #9
                  And how much notice did you give?
                  I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                  Comment


                  • #10
                    heres the update on the situation.

                    My gf's employer agrees to double the money she owes on December 15th if she isnt taken to court. My gf and her lawyer agrees and we wait. On Dec 15th she receives a check for $16,500 and it gets put on hold till January 3rd by the bank. We finally go to the bank on Jan 3rd just to find out that her employer put a hold on the check so we couldnt cash it. Now we have a court date this comming thursday hopefully all goes well.

                    My gf's ex-coworker who still works there mentioned to her that her boss was asking for her time cards. Im guessing shes going to try to fight in court saying that she already paid my gf ? This is just too much and we dont know what to expect next. Its very stressful.

                    Any word of advice or opinions?

                    Comment


                    • #11
                      restrella: On Dec 15th she receives a check for $16,500 .... we go to the bank on Jan 3rd just to find out that her employer put a hold on the check so we couldnt cash it. Now we have a court date this comming thursday hopefully all goes well.

                      Ignoring the potential problems associated with writing a bad check, I suspect this will not bode well for the employer in court as it is arguably an admission that wages are due and owing to your girfriend. The employer's actions may very well strengthen her claim for unpaid wages and waiting time penalties.
                      Barry S. Phillips, CPA
                      www.BarryPhillips.com

                      IRS Circular 230 Disclosure: This response is intended to provide general information and written for educational purposes only. It does not establish a client relationship. This communication is not intended to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to any party any matters addressed herein.

                      Comment


                      • #12
                        i hope she wins. I was told that there might be multiple court dates that might take months if it doesnt settle on the 1st one. Living with insufficient money and stressful days is really taking a toll on us.

                        Comment


                        • #13
                          Issue still hasnt been resolved. weve been waiting for 3 weeks now since the last court date. last time the employer presented a forged timecard of my gf's signature. I cant believe she had the nerve to do that hopefully she gets locked up! This time the judge asked my gf's employer to provide original bank statements showing she paid my gf back in october or december. I dont think the employer has proof because she made us wait for a very long time. The long waiting period is stressing us out to the point where we want to give up, and I think thats what the empoyer wants to happen.

                          court day is next week... how will she be able to get around that one now? I hope there is no more BS so we can get back to our normal lives...

                          any comments and advice are greatly appreciated... were hanging in there.

                          Comment


                          • #14
                            If the employer gives you another check, do not take it to your bank and deposit it in your account. Take it to the bank it's drawn on, ask them if the funds are available.

                            If they are, ask them to take the funds out of the account and issue you a cashier's check for the amount. (You could cash it, too, but there is a lot of paperwork involved because of the large amount, and carrying that much cash isn't very safe.) Your bank will probably still make you wait for the funds to clear, but they will be clearing from the issuing bank's cashier check account, not the employer's payroll account.

                            If the funds are not available when you take the payroll check to the employer's bank, try calling the bank daily to see if the check will clear. Some banks will give out this information over the phone, some will not. If they tell you the check will clear, go to the nearest branch immediately and have them take the money out and give you a cashier's check.

                            Comment


                            • #15
                              restrella: The long waiting period is stressing us out to the point where we want to give up...

                              You're kidding, right? Unlike on Boston Legal where complex, civil/criminal actions are resolved in post haste fashion, it often takes a few months (or maybe even a few years) to resolve legal controversies in the real world. Stop stressing and enjoy the ride.
                              Barry S. Phillips, CPA
                              www.BarryPhillips.com

                              IRS Circular 230 Disclosure: This response is intended to provide general information and written for educational purposes only. It does not establish a client relationship. This communication is not intended to be used, and cannot be used, for the purpose of (i) avoiding tax-related penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to any party any matters addressed herein.

                              Comment

                              Working...
                              X