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No written employment contract, owed wage for last two months, quit or get fired?

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  • No written employment contract, owed wage for last two months, quit or get fired?

    Hiya,

    So i went from a contractor position to a full time employee position at my current company. They have been slow to issue written employment contracts to others in the company and I still have yet to receive one. That said I have been paid according to the agreed wage for several months (feb-may) sporadically. I am owed a portion of my last paycheck still and the last months pay too. I am not long for this job as there are a great number of heated internal politics mostly due to the fact the company has no money. There is some money on the horizon but I am wondering whether anyone can offer advise on my legal position if I were to leave my position now or wait for the inevitable termination, which would put me in a better position to receive the outstanding wages (especially considering I have nothing written)?

    Best

    Njp

  • #2
    Why do you think you should have an employment contract? Generally speaking, only very high level employees, such as CEO, CFO, President, Executive VPs, etc. do.

    Whatever the "agreed-upon" wage was, however, does have to be paid on the regularly scheduled payday. Are you saying that there are months where that has not occurred (forget "contract" for this question)?

    Do not quit. Quitting almost certainly means you would not get unemployment benefits. If you are not getting paid per the above, you have other means of recourse; however know WHAT recourse, you will have to tell us you state. When you post a new thread, we ask for your state for a reason, and this is one of them.
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

    Comment


    • #3
      Whatever the "agreed-upon" wage was, however, does have to be paid on the regularly scheduled payday. Are you saying that there are months where that has not occurred (forget "contract" for this question)?
      Yes, for example for several weeks in April the company tried to find funds and eventually did, and then for the last three months it has been a game of catch-up where the company has paid back wages but always either a month or two behind. At the moment I am owed for a month and a quarters' worth of pay.

      Do not quit. Quitting almost certainly means you would not get unemployment benefits. If you are not getting paid per the above, you have other means of recourse; however know WHAT recourse, you will have to tell us you state. When you post a new thread, we ask for your state for a reason, and this is one of them.
      My mistake I figured posting in the California labor law forum precluded the need to state that I live and work in California. Our company is based in the Los Angeles area.

      Thanks Pattymd for the speedy reply...

      Comment


      • #4
        My apologies, I missed that.

        You can file a claim for the unpaid wages with the DLSE. However, if you received at least minimum wage (if nonexempt) or $640/week (if exempt), they may not be able to help you. The claim either works or it doesn't but you have nothing to lose by filing it.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

        Comment


        • #5
          Good points, Patty. I would take a different angle on the one twist. An employee is not expected to continue to report to work indefinitely while not being paid and to wait for a wage claim to be settled months down the road for UI eligibility sake. A company not paying wages is almost always a legitimate reason to quit.
          Please post questions on the forum rather than sending me a private message or email. That way others who have similar issues have access to the discussion.

          Comment

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