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Tina
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If an employer doesnt pay you your wages on a payday does

Resolved Question:

If an employer doesn't pay you your wages on a payday does that count as termination not for cause?

Can an employer not pay you and require you to continue working?
Submitted: 5 years ago.
Category: Employment Law
Expert:  Tina replied 5 years ago.
Thank you for contacting our JA team for guidance. We are happy to assist you. However, we need a little more information about your question.

 

Please let me know what state you work in. Has the employer said when you will get paid? A week late? A day late?

 

NOTE: Sometimes we receive your question before we receive your additional "optional information". If my response does not appear to consider your optional information, please let me know as I was probably not able to view it when your question was first received.

Customer: replied 5 years ago.

They want me to forego pay for 2 pay periods or 4 weeks. They then want to try and pay me back over the next 4 payrolls or 8 weeks, but cannot guarantee it and would like me to be prepared to go without salary for an extended period.

 

I signed a tuition reimbursment agreement saying if i quit voluntarily or are terminated for cause within 2 years of graduation I have to pay back the 25K they paid in tuition for my MBA. I am still within this period. I need to know if them not paying me voids the contract by termination "not for cause"

Expert:  Tina replied 5 years ago.

No. It is not automatically a termination without cause. You need to file a complaint with the labor board and let your employer know you have done so. While it is illegal, many employers will terminate you for this. This would be termination without cause since it violates CA law. You could also report them to the IRS and CA Franchise Tax Board since they are not paying your taxes timely if they are not paying your wages on time.

 

The labor board also has the authority to collect your wages and assess penalties against the employer for not paying you on your scheduled pay dates.

 

If they do not terminate your employment for reporting them, find other reasons to report them; ie, OSHA violations for example. They will realize that they either must pay you on time or they will continue to have state/federal agencies breathing down their necks.

 

Please let me know if you need additional information.


Best regards XXXXX XXXXX

TG

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Tina, Lawyer
Category: Employment Law
Satisfied Customers: 32613
Experience: JD, BBA, recognized by ABA for excellence.
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Tina
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JD, BBA, recognized by ABA for excellence.