Whatt to do if I’m a new graduate and have been working as an architect for the past 3 months but my employer is behind in my pay?

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Whatt to do if I’m a new graduate and have been working as an architect for the past 3 months but my employer is behind in my pay?

My employer has offered a 90 days probational position and hire me as a full time consultant that basically does everything a normal employee would do. However, he has not been able to pay me since 2 months ago. He keeps telling me he is waiting for payment from his clients but yes, he haven’t pay me since last month. I am having difficulty keep up my bills and recently I have asked him about my pay but he told me the same thing and told me to wait again. If I cannot pay my credit card bills this month, who will be responsible for the penalty and all other related costs?

Asked on December 6, 2012 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You employer must pay you on time for all work done, regardless of whether it has been paid by its own clients or customers--that's the law. Obviously, if it truly does not have the money, it can't pay--the law is trumped by reality every time. But if you believe that it  does have funds--for instance, does the president himself seem to be being paid? are they paying their utility and rent bills? do they pay for business meals? etc.--then the employer should be paying you; and if it does not, you have the right to sue your employer for the money. If forced to sue, then you should also seek compensation for other costs--such as late fees or penalties--directly caused by the employer's failure to pay.


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