Non Payment of Wages

Sir,I am an electrician for a small San Jose based co.None of the employees have been paid for the last 3 weeks & I am owed $1700.00 as of this date.My employer has told us IF he gets paid we will get our money.He has told us if HE does'nt get the money owed to him then we will not get paid.He has also stated that if he does'nt get paid he is going to file bankruptcy in which we still wo'nt get paid.I am completely broke & at a loss as to what to do?Should I just wait & see what happens or file a lawsuit of some kind?I sincerly hope you can help.Thank you for your time,GAB.

1 answer  |  asked Jan 27, 2004 8:20 PM [EST]  |  applies to California

Answers (1)

Richard J. Vaznaugh
Unpaid Wages

Assuming you are an employee (and not an independent contractor) you can immediately file in person, and at no charge, a claim with the California Labor Commissioner -- I'm pretty sure there is an office in San Jose. In addition to the wages, there is a penalty of up to 30 days of wages you can collect for the delayed payment. If Bankruptcy, you will have a priority claim for wages earned witin 90 days prior to the bankruptcy -- so at least you won't be at the end of the line. Good luck, RV

posted by Richard J. Vaznaugh  |  Jan 27, 2004 11:21 PM [EST]

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