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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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Last week Josheph answered some questions for me regarding

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Last week Josheph answered some questions for me regarding the fact that my employer currently owes me several payroll checks and commission checks in arrears. The checks I have received include 8 payroll checks that were 35 days, 35 days, 41 days, 46 days, 58 days, 49 days, 46 days and 47 days late. I addition I have several commission checks that have not been paid (close to $10,000) from sales that I made in 2013....and no commissions have been paid for sales in 2013. California Law requires that employers pay within 30 days, or can incur penalities and interest due to the employee. Can you please tell me what the penalties and interest conditions are and how they are calculated? Thank you. xxxxx xxxxxx

Hello John,

The 30 days of penalties only applies to wages that are unpaid at the time of termination, not to wages that are late when you are still employed by the employer. This would run from the date that you are terminated from the company or from 72 hours after you quit your job (if you don't give at least three days notice).

The penalty would calculate the amount in commission that you received and average that out to determine what your daily rate of pay would have been in order to determine that award.

The interest amount is normally just to keep up with inflation, and wouldn't be much more than that.

As always, please let me know if you have any follow up or clarifying questions.

Thanks and best of luck!
Customer: replied 3 years ago.

I'm wrestling with whether or not it's best just to stay and try to help keep the company alive, at least until they can catch up vs. whether or not they will ever be able to catch up/stay alive. If I do decide to quit and file a claim (or even if I stay there and file the claim), how long does it normally take to get paid? I have heard that there is an arbitration hearing, or something....and that alone probably would take several weeks. If that's the case, filing a claim would probably only be looked at by the company as something that's going to take a while to settle anyway.

Hello John,

Yes, it would take at least a couple of weeks, if not a month or more. And then the employer has a certain amount of time to comply with the judgment.

If they don't have the money, they may be unlikely to comply, in which case you'd have to try to get a court to enforce the award against them.

If they were to settle with you, you could see money within a few weeks of filing a claim, but otherwise, it will probably be months before you get anything from your employer.
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