What are my legal options if my employer refused to pay me my month’s salary?

I worked as a contractor for my employer who was a vendor for a big company. The company paid their vendor, my employer, for the billed hours that I worked for a month. My employer didn’t cash the check for over a month. In the meantime the check writing company went bankrupt. My employer refused to pay when there is clearly no fault of mine. I kept requesting him personally, via phone calls and email

to pay me but I haven’t seen a cent. Once he verbally agree to pay me half of what he owed in front of other witnesses but still hasn’t pay me anything. What is my recourse?

Asked on March 1, 2016 under Employment Labor Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you can't get your employer to follow through on his agreement to pay you, then you can file a claim with your state's deparment of labor and/or sue for your wages in small claims court. Of course, you will need proof. Therefore you should see if you can get your witnesses to come to court or at least write down statements as to what what they heard. Also, you should bring copies of any emails regarding any of this as well, plus any other proof that you think may help.


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