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  • Betty3
    replied
    Yes, thanks DAW.

    Leave a comment:


  • cire
    replied
    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

    Leave a comment:


  • DAW
    replied
    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.

    Leave a comment:


  • Betty3
    replied
    A payroll responder may come along with add'l. info for you - Patty or DAW (DAW is from Ca.).

    Leave a comment:


  • cire
    replied
    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.

    Leave a comment:


  • Betty3
    replied
    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.

    Leave a comment:


  • cire
    replied
    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

    Leave a comment:


  • Betty3
    replied
    Ok, we won't worry.

    Leave a comment:


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

    Leave a comment:


  • Betty3
    replied
    Agree, not a smart move to make.

    Make a claim for all wages due you.

    Leave a comment:


  • CatBert
    replied
    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!

    Leave a comment:


  • cire
    replied
    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?

    Leave a comment:


  • Pattymd
    replied
    No. It. Would. Not.

    Do YOU want to be sued? That's a really dumb idea.

    Leave a comment:


  • cire
    replied
    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.

    Leave a comment:


  • Pattymd
    replied
    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.

    Leave a comment:

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