No announcement yet.

Business Sold Need Advice California

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

  • Business Sold Need Advice California


    I recently went to work for an employer who is not paying all wages each pay period. Then found out that the business was bieng sold. Of course they did not tell me this when I was hired.

    Are there any rules / laws for employee notification upon the sale of a business . Should the new owner exend a job offer and the employee given a chance to accept or not.

    I am losing money and probably cannot recover from the old employer now.

    Any advice is greatly appreciated .



  • #2
    No, sorry. Unless the WARN Act applies (how many employees are being terminated), no notice is required. Yes, it would have been nice to give you some advance notice, but the law doesn't mandate it under general circumstances.

    The new employer can offer continued employment or not. Again, they aren't required to under wage and hour law.

    Is it the old employer or the new employer (or both) who has failed to pay wages in accordance with the law? Has the sale been finalized yet? It's possible that the acquisition agreement contained clauses that would hold the new employer responsible, but we would have no way of knowing.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.


    • #3
      Thanks Patty

      It is the old employer who owes wages. As far as the sale I have no idea . Its hush hush. I think the old employer ( the one who hired me ) Is attempting to avoid any liability for unpaid wages and sell a loosing business to an unsuspecting buyer.

      I am only short 400 dollars or so . Some of these poor employees are short thousands. There are only 17 employees.

      What I am wondering is : Must I continue working for the new owner when the sale is finalized. Based on my experience's I wouldnt mind moving on with UI compensation.

      I will more than likely have to challenge the unpaid wage issue sometime soon. Hate to do this but can't sit here and just lose money .

      The employer is not paying all wages and then withholds too little tax to make it appear we get big paychecks. Its all a game and I see right through it.

      Any advice is greatly appreciated.



      • #4
        No one can force you to work for the new employer. However, if the new employer offers you work and you turn it down, your chances of getting UC are nil. The fact that the previous owner wasn't compliant with payroll regulations isn't going to be sound justification to refuse employment with the new employer.
        I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.


        • #5
          ElleMD I agree with you . I am just going to wait and see what happens next . What I am thinking is the new owner will not offer or lay any one off. We will more than likely just get paid by the new owner. My concerns are truly the payment of wages. The old owner is staying on as an employee for a while to assist the buyer.

          I understand wage and hour laws fairly well . My responsibility is to make a good faith effort to get the problem corrected ( I already have once) before quitting with good cause.

          Sometimes when one challenges an illegal practice it either goes well or really bad. It is up to them they created the problem. Now I am in an akward position.

          I like the job but just expect proper payment of wages.

          Thanks for you imput.