Hi,
I am quitting my job in a week and my employeer owes me 2 months of salary, some travel expenses and comissions.
Today I was informed that they are going to pay me some amount, but not enough. They owe me more. What to do? How to proceed ? Where to report them? By the way, I am in CA.
THANK YOU VERY MUCH FOR ANY ADVICES!
2006-11-06 09:52:04 · 6 answers · asked by Nattel 1 in Business & Finance ➔ Careers & Employment
get a lawyer!*
2006-11-06 09:56:45 · answer #1 · answered by sweet2tater2 3 · 3⤊ 0⤋
file a claim with the Employment Development Department.
you must have documentation of the amounts owed to you because you may have a case heard by the labor commissioner.
all earnings must be paid to you within 72 hours of your termination date. if an employer fails to do so, and if the labor commissioner finds in favor of you, then the employer will be subject to a harsh penalty.
that penalty is the amount they owe you times the number of days it took to pay you (up to a maximum of 30 days). your travel expense reimbursement may not be a part of this, but your regular earnings and commissions will.
filing the claim is easy. it should only take a couple hours. your employer will be served with the notice and will be asked to comply or contest. if contested, all of you will be scheduled for a hearning, which may be scheduled for a few months down the road. the hearing will only take about 30 minutes.
btw, the state board of equalization deals with california sales tax, not labor issues.
2006-11-06 18:21:09 · answer #2 · answered by loveholio 5 · 0⤊ 0⤋
You're best option is to talk it over with your employer and ask why you are not being paid you're right fully salary.
There might be reasons as to why such deductions are being made (such as taxes, cash advances, social security,)
if their explanation is not satisfactory
write a demand letter, asking that you be paid you're proper work compensation. if they still decide not to pay.
then asses the situation is the amount you should be recieving enough to defray the expenses of hiring a small claims lawyer. and is the amount worth it to undergo all those horrible court proceedings.
Make a choice as to whether its not the value of the amount but rather of the principle involved.
if its the principle then
contact you're local attorneys office and find out if you can avail of the free legal services/assistance given by you're local county this should at least defray the expense of hiring a lawyer.
if you cant find a pro bono (a lawyer willing to work for free) lawyer get a lawyer who is willing to be paid on a contingent basis. hes the lawyer who charges you a small percentage of whatever amount you shall recieve, example if you are to recieve $ 1000 he would get a maximum of 20% or $200.
2006-11-06 18:20:08 · answer #3 · answered by ravg 1 · 0⤊ 0⤋
Take all of your proof and report it to the State Board of Equalization, you may need a lawyer later.
2006-11-06 18:02:00 · answer #4 · answered by Anonymous · 0⤊ 0⤋
contact a lawyer and see if you have enough evidence or proof(receipts, bank account statements, time cards, witnesses) to take your employer to small claims court- you will probably have to wait to see what they pay you until you can file but first i would threaten them with the claim so hopefully they will just pay up
2006-11-06 17:56:13 · answer #5 · answered by Anonymous · 0⤊ 0⤋
I believe you contact the ca. labor dept. or board
2006-11-06 18:00:53 · answer #6 · answered by lil kelvin 2 · 0⤊ 0⤋