What to do if my employer laid me off last week and did not give me a final paycheck?

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What to do if my employer laid me off last week and did not give me a final paycheck?

The reason I got was that the company did not have any money. What should I do? I had asked them to pay me out and when I would be able to receive all my wages, the response I got was that they would make me give me a check here and possibly be paid out when more money starts coming in. I have a family and I am unable to pay my bills when the little paychecks I’ve been getting recently. Basically they had been determining how much and when I would get paid while I was employed. Who should I talk to in order to receive everything I am owed?

Asked on August 21, 2012 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can try contacting your state department of labor--they may be able to help you. Or you could sue the employer for the money, since they are legally obligated to pay for work you performed--a good option is a small claims court suit, where filing fees are low, cases move more quickly, and you can act as your own attorney (saving legal costs). If the company was a corporation ("inc.") or limited liability company ("LLC"), you can only sue the company; but if not, you may be able to sue the owner(s) personally, too.


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