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Unpaid since Jan 15

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  • Unpaid since Jan 15

    I was working full time for a company in California, they were going through some money issues, and there was a period in December where a few of us weren't paid, but the owner eventually paid us. Soon after that most of the people were laid off except me and another developer.

    Anyways, the last paycheck we got was January 15. He was working hourly, but I was working full time. I left California earlier in 2009 and moved to Washington, still working full time remotely. So after Jan 15, the owner basically cut off communication except for a few sporadic emails stating that they were waiting for money to come in from one of their clients, etc.. and eventually all communication was cut off. Their website server which is paid for monthly ($90) has been paid for every month. I have had a family member go by the office to see if they were still there, and everything was there, but shut off (noone there).

    What form(s) should I file or what should I do to try to get paid, and should it be for just that one month, or should it be from then until now? I am a full time employee still, and was not laid off or anything.. at least I was never informed. He just basically cut communication to us.


    Thanks in advance for any input, suggestions, etc

  • #2
    Why have you waited so long to file a claim for unpaid wages? Start with the Washington Dept of Labor, since that's where you are working now. Call them first, to make sure that is where you should be filing.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Originally posted by Pattymd View Post
      Why have you waited so long to file a claim for unpaid wages? Start with the Washington Dept of Labor, since that's where you are working now. Call them first, to make sure that is where you should be filing.

      Why?
      - Because it's happened before but he ended up paying
      - his story made sense at the time so I was giving the benefit of the doubt
      - I had a baby and that has taken enough of my time
      - I was in the military a long time and never had to deal with this before

      I will give them a call and start there. Thanks


      Ironically the company is a financial management company dealing with some very large clients, a lot of NFL players like jerry rice.


      I do have full control of his server. Would it not be a good decision to take his site down because he isn't paying? I am technically still an employee I could have just "accidentally" deleted it while working on it.

      Comment


      • #4
        No. It. Would. Not.

        Do YOU want to be sued? That's a really dumb idea.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Didn't think so I was just curious

          Anyways thanks for the advice, I will give them a call tomorrow and see what they say.

          How does this typically work? Do they just try to get the company to pay? Will I realistically only be looking to get that 1 paycheck paid, or all paychecks up to now?

          Comment


          • #6
            Oh my....remember two wrongs don't make a right!

            On the other hand three lefts do.

            Back on track, be careful you are talking about going to jail by taking control of his property!
            Not everything in America is actionable in a court of law. Please remember that attorneys are in business for profit, and they get paid regardless of whether or not you win or lose.

            I offer my knowledge and experience at no charge, I admit that I am NOT infallible, I am wrong sometimes, hopefully another responder will correct me if that is the case with the answer above, regardless, it is your responsibility to verify any and all information provided.

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            • #7
              Agree, not a smart move to make.

              Make a claim for all wages due you.
              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

              Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

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              • #8
                Will do. It was just a (dumb) theoretical question anyways, don't worry

                Comment


                • #9
                  Ok, we won't worry.
                  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

                  Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                  Comment


                  • #10
                    Originally posted by Betty3 View Post
                    Agree, not a smart move to make.

                    Make a claim for all wages due you.
                    Should the claim be for the time from Jan 15 to now or just the Jan 15 check?it's a difference of 10,500

                    Comment


                    • #11
                      You should make a wage claim for all hours/time worked that you didn't get paid. If you *worked* since the Jan. check & didn't get paid, make a claim for those wages also. You only need to be paid for time worked.
                      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

                      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                      Comment


                      • #12
                        Originally posted by Betty3 View Post
                        You should make a wage claim for all hours/time worked that you didn't get paid. If you *worked* since the Jan. check & didn't get paid, make a claim for those wages also. You only need to be paid for time worked.
                        I didn't technically work after that time, but then again half the time I didn't technically work because I'm their website programmer, I only worked when there was actual work to do. I was paid regardless. So I was more like a full time on call. I have done a few hours of work here and there after the 15th but nothing full time, but from the way I see it (I might be wrong) is that he should have just let me go back then, instead of carrying this on.

                        Also at least in California I heard there is a law that if you don't get paid on time you, you are supposed to be paid extra? for every day/week that you weren't paid on time. I will have to look into that.

                        I'm giving them a call today and will see what they say.

                        Comment


                        • #13
                          A payroll responder may come along with add'l. info for you - Patty or DAW (DAW is from Ca.).
                          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

                          Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                          Comment


                          • #14
                            What state was your physical body in when the work was being done? I understand that employees and employers try to argue that it matters where the work was directed from, but with the occasional exception of NYS, no other state agrees with the argument. All other states look at where the physical body was when the work was being done. And NY mostly does that to. But NY sometimes calls it both ways (different issue).

                            If it was Washington, then CA has no interest. If the work was actually done in CA (as in your body physically in CA at the time the work was being done), then you can file a wage claim with CA-DLSE for any unpaid wages, and the claim can include late payment penalties (not a sure thing, but always worth asking for). WA is not my state, and I have no idea what their specific rules are, but if the work was actually done in WA, then file the wage claim there.
                            "Reality is that which, when you stop believing in it, doesn't go away".
                            Philip K. **** (1928-1982)

                            Comment


                            • #15
                              Originally posted by DAW View Post
                              What state was your physical body in when the work was being done? I understand that employees and employers try to argue that it matters where the work was directed from, but with the occasional exception of NYS, no other state agrees with the argument. All other states look at where the physical body was when the work was being done. And NY mostly does that to. But NY sometimes calls it both ways (different issue).

                              If it was Washington, then CA has no interest. If the work was actually done in CA (as in your body physically in CA at the time the work was being done), then you can file a wage claim with CA-DLSE for any unpaid wages, and the claim can include late payment penalties (not a sure thing, but always worth asking for). WA is not my state, and I have no idea what their specific rules are, but if the work was actually done in WA, then file the wage claim there.
                              Thanks. I was working in California and then moved to Washington, the nonpayments started about 6 months after I moved to Washington. I will do that, thanks again

                              Comment

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