I got laid off...retroactively?!?!
 

My company is owned by two partners I’ll call them DJ and JF. I got a call from DJ that went something like this, “Thanks for the last 15 years of work, but I’m laying off all the employees, including you effective three days from now. Sorry, but we’re broke.”

No severance package.

But here’s the real kicker. Because “we’re broke,” I’m not going to get a paycheck for the last two weeks that I worked until some undefined day in the future when “the company has money.”

In other words, I worked for two weeks for free. This guy is NEVER going to pay me. He still owes me money for a personal job I did for him back in July.

I’m in CA. Any advice?

Go to the labor board....first thing in the morning.

Do you know how to make mail bombs?

Can you get ahold of pictures of either of your bosses with little boys/hookers/the other one's wife?


If not... I'm out of ideas.

Upon further consideration, I guess I should refine my question. IF I go to the Labor Board, what happens?

If they send a nasty letter to my company, and the company decides to pay me a week or a month late, are the owners of the company penalized? Or do they get away scott free? If the company has no assets, does the board put a lein against assets of the company owners?

How long do these things take?

Those are all the questions you need to ask the labor board.



And I guess my ideas were out of the question.

Can you prove that you actually worked those days?

Typically they investigate, then they write some threatening letters, then they impose fines, then the company files bankruptcy. You then have to file a claim on their bankruptcy, and get a judgement. The company's assetts get sold and you get paid out of that.

They could pay you at any time before any those steps happen. The labor board is certainly the place to start, I'd also contact an attorney specializing in labor laws.

This pretty typical of what happens in most states. I actually had a company do this to me in WA. a few years back, I was out about 1100 bucks.

You file small claims court for your salary.

I had to do that for one company I worked for. It took about 1 year for me to finally get paid, but once the creditors were lined up, I was one of them because I filed a suit. I got my salary plus expenses about $2,000.

My friends, they got "stock" or some of them got nada.

good luck.

Good call.

I was told that in CA, if a company doesn't pay you your wages immediately when they fire you, they owe your additional wages for every day they delay up to 30 days. If this is true, I'm going to wait a month then file a claim.

consult an employment lawyer to verify that... I called my lawyer the moment they said I was going to be paid in stock instead of wages... he said that they had effectively "fired" me by not paying me.

but also remember that as a plaintiff onus is on you to remediate and minimize damages as reasonable, you waiting to file isn't reasonable nor minimizing. again, i suggest you speak with an employment attorney.

good luck.

Employers in some states (like WA) are liable for triple wages if they are found to have not paid you. You could also go for lawyer fees. Collecting is another matter.

The second set of spot on advice Cyn's given you. Reread it, Clavus, and go find yourself a lawyer.

if u cant find one ......revert back to post #3

File immediately.

Either they pay you right away, or they owe you the penalty anyway. Sounds like the penalty is based on when they pay you, not when you file.

I'd say the sooner you get this on record the better. Unless you really expect these guys to get their shit together in the next couple of weeks.

This so sucks, and I wish you and your family well in weathering the setback.

My advice is to contact the CA Dept of Labor to learn of your rights (for free)
DoL before paying an attorney to provide the same information.

Another possibility is putting a lein on the building, if they own it. They will not be able to sell it, without satisfying the lein. I think it is important that you get in front of the line of creditors that are owed.

Best to you.
Pen

So now that you have some time on your hands do you have any plans for what is next?

pen, most lawyers will do the initial consultation for free, if not you can also find a lawyer via the local BAR referral. there are alse legal action workshops you can go to and learn up on the employment stuff also for free.

I talked to a lawyer. His advise was to wait 30 days, THEN file. THat way I can get the full benefit of the penalty (Assuming they don't pay me before then.)

Next step, I suppose is talking to the IRS about how they remove money from paychecks for 401k, but don't deposit the money in the 401 for six to 8 months. I'm pretty sure that is against the law. Any idea who I should complain to about that? Can I do it anonymously?

Then maybe I'll start my own company... or run crying to the first company that offers me a decent job. Or both.