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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 33166
Experience:  JD, 17 years experience & recognized by ABA for excellence in employment law.
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When can I file a Unemployment Insurance from EDD when my employer

Resolved Question:

When can I file a Unemployment Insurance from EDD when my employer cannot pay my August salary? The company I work with is a start-up and they are running out of money. They are hoping to get new money from another group of investors. Shall I file a Unemployment Insurance now. I don't know how long, if any, will they get the new money.
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Tina replied 5 years ago.
Hello and welcome,

The state labor board is the agency with which you would typically file a wage claim seeking collection of unpaid wages and penalties since it is a violation for the company to fail to pay your wages on the scheduled pay dates.

You may also file a complaint with the EDD seeking unemployment benefits, but as long as you are working, they may defer to the state labor board.

http://www.dir.ca.gov/dlse/howtofilewageclaim.htm

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Customer: replied 5 years ago.
Since the company may not have money to pay anyone, should I quit the job in order to file the UI? Will the UI cover this situation for company that is broke.
Expert:  Tina replied 5 years ago.
Your chances of obtaining unemployment are typically best if you exhaust other options first, including filing a wage claim with the labor board.

If you cannot afford to work though without getting paid and quit because of that, you should be approved for benefits.

All the best to you.


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