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

Answers:

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.