Missed payroll in CA

Hello,
I work for a small company (40 employees) The boss did not pay wages to any of the employees last pay period due to lack of funds. We also have collection agencies calling at all hours and have had many services cancelled. Obviously the ship is going down! I attempted to negotiate a solution with the boss and she keeps repeating that a "deal is in the works and that it takes time for these funds to be acquired" "keep working and i will pay you as soon as I can"
What are my options? Can I voluntarily quit and apply for unemployment? How do I go about getting my vacation pay and back wages? What is the best way to explain why I left my previous job when I start interviewing for a new position?
Thank you so much for your help,
Justine

1 answer  |  asked May 27, 2009 1:24 PM [EST]  |  applies to California

Answers (1)

George Allen
Quit Now

It is a violation of the Labor Code (amongst other things) for your boss to fail to pay you. Lack of funds is not a defense. If you quit due to the non-payment of your wage, that will not cause you to be ineligible for unemployment benefits. To collect the unpaid wages (and penalties), file a claim with the Dept. of Labor Standards Enforcement.

posted by George Allen  |  May 27, 2009 2:00 PM [EST]

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