If a company gives a verbal agreement to pay an ex-employee a specific amount by a specific date, is it legally enforceable?

I was laid off a few weeks ago and the CEO verbally agreed to paying me on the next pay cycle. The cycle date has come and went now the CEO is telling I have to wait until next week. My rent is due and I am facing a 3 day notice. Is there a way I can threaten to sue if I do not receive the agreed amount by the end of the week? Another person present in the room overheard the conversation?

Asked on July 18, 2012 under Employment Labor Law, California


Stephan Math / Stephan Math, Law Offices of

Answered 8 years ago | Contributor

Verbal agreements are as enforceable as written agreements so long as you can produce the evidence to prove the existence of the agreement. I am a bit perplexed with respect to your question however, because it is difficult to tell whether you are talking about receiving pay that you have already earned. If that's the case then the employer was required to pay you within 24 hrs of your termination. You should contact the Labor Commissioner's office for filing a complaint. If your employer is late in paying you, you may be entitled to receive interest and penalties. The penalty for failure to pay timely is one day's pay for a maximum of thirty days while the wage remains unpaid.

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