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Started Work on 01/02/10, still haven't been paid California

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  • Started Work on 01/02/10, still haven't been paid California

    Hello,

    This is my first post here, so thank you for taking the time to read over the information below. I'm hoping that I can get this figured out.

    Starting at the beginning of December, I've been discussing with the CEO of a company in regards to being hired on as a new employee. The job sounded great, so I took it. I officially signed a contract with the organization, along with my related tax forms, on the 2nd of January. That was a Saturday. Before I signed the contract, I confirmed with the CEO that by requesting payments at the first of every month, I would get paid that subsequent Monday (because it was the first of the month), and he agreed. I asked, clearly, repeatedly if this was the case, and each time he said it would be. So, after meeting up with him, handing over my signed contract, we spoke about meeting up on Monday to hand over my check as well.

    Monday came along, and he mentioned that we would meet up later in the day. From that moment on, I didn't hear from him again. Tuesday, the same thing happened. He agreed to meet with me later in the day, and then I never heard from him again. Wednesday, I drove to where he told me he would be during the day, but I didn't hear back from him, so we did not meet up. I finally went over his head, trying to find answers, and spoke with the Chief Financial Officer (CFO) regarding payments, and he informed me that he was not made aware of my previous agreement with the CEO (regarding my requested pay date and schedule), and then went on to tell me that pay dates are on the 7th and 22nd of each month. By the time I had this discussion with him, it was past the 7th, and therefore he could not write me a check.

    I spoke with the CEO and CFO again, figured out that they were waiting for funding from an outside source (investors, I believe), and that as soon as that came in, they would provide me with my paycheck early, for the hassle of miscommunication. I said okay, and also agreed that I would be paid on the 7th and 22nd of each month, so as not to rock the boat. (My physical contract has not changed, though.) Beginning from the 12th, the CEO and CFO have told me repeatedly that they had been trying to find a way to get me money. Nothing was working though.

    Last Tuesday (the 19th of January), I met with the CEO when he told me that he was meeting up with a friend who owed him money. I had to drive an hour and a half our of my way to meet with him, only to find out that his friend had not met him, and would not be making it tonight. So I took a personal check from the CEO, after he affirmed it would be fine, as a loan (because the CFO refused to write me an early, post-dated check). I agreed to pay him back after several paychecks, and we went on our way. On Wednesday, I tried to cash the check, and (surprise, surprise) it did not work. From what the bank could tell me (which isn't much, obviously), the owner of the account had to verify the account itself, by calling customer service. I informed the CEO, and he told me he was working on it.

    I have not heard from him since Wednesday afternoon. Upon speaking with the CFO again, he has told me that the funds they have been waiting for have not been made available, and that my check has not cleared. Upon asking him if I was going to be paid on the 22nd (Friday, yesterday), he told me probably not. Supposedly, they are meeting with people today to get funds, but obviously I have no reason (from past events) to believe that is really the case.

    I have two daughters and a wife that I am trying to support, but i have not been paid in a month due to this company. While I want to keep the job (as it is a great paying job, on paper), I am at wits end, and do not know what to do next. I've been told that I can sue, and would probably not only receive my month's pay, plus court fees and damages, but also the full year's worth of salary because my contract outlines my full year salary, and not hourly wage. But, I'm not sure if I can believe that. And, for the record, I am located in California.

    If anyone can help me out here, that would be greatly appreciated. I do not know what to do next.

  • #2
    You can file a wage claim with CA-DLSE for unpaid wages.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

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    • #3
      http://www.dir.ca.gov:80/dlse/HowToFileWageClaim.htm
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

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