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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
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lawsuit against employer

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I was hired 7 months ago by XXXXXXXXXXX (publically traded co), as the West Coast Division Vice President. The positiion required i relocate, leaving my home, putting all belongings in storage. I spent 6 months traveling, opening new offices. My efforts have been successful, however the Company is expieriencing problems, as such I have not recieved my salary for over 30 days. I have a 1 year contract, have been left "high-n-dry". I also left my previous employer for this position. Do I have legal cause for a lawsuit? If so, can i seek the balance of my 1 year salary contract? Can I seek damamges for being "displaced", I also sacrificed by Prize Rottweiler (re-homed) for this opportunity (whom i miss). Thank you, Phil
Submitted: 5 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 5 years ago.

LegalPro54 :

Hello and thank you for entrusting me to answer your question. Employers must typically establish regular paydays, and must post a notice that shows the day, time and location of payment. They must pay wages that employees earn between the 1st and 15th days of the month by no later than the 26th day of the month during which the work was performed, and they must pay wages earned between the 16th and last day of the month by the 10th day of the following month. Other payroll periods such as weekly, biweekly or semimonthly, when the earning period is something other than between the 1st and 15th, and 16th and last day of the month, must be paid within seven calendar days of the end of the payroll period within which the wages were earned. (Cal Labor Code 204)

Customer: replied 5 years ago.

No Kidding, I know that,

do I have legal recourse for the reasons stated?

Expert:  Patrick, Esq. replied 5 years ago.
I wasn't done responding. Yes failure to timely pay wages is an offense that is reportable to the Department of Labor Standards and Enforcement.

Further, since you had a contract guaranteeing you employment for a specified period of time, California law permits you to collect damages to the extent that you relied on that contract and were harmed as a result of that reliance. This is called "detrimental reliance," and it means that you are likely entitled to reimbursement for your move across the country, and possibly the cost of moving back, if necessary. You are likely also entitled to compensation for salary at the rate of your old position (what you gave up) for a reasonable amount of time during which it takes you to find a new job. You do, however, have a duty to "mitigate damages," meaning you can't just sit on the couch and collect for all the time that you thought they were going to pay you for under the contract.

I would advise consulting an an attorney as soon as possible, as time may be of the essence in this type of situation.

I hope that you find my response helpful, and I wish you the best of luck.

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Finally, the information that I have provided is not legal advice. I am not acting as your attorney and my answer does not establish an attorney-client relationship between us. I encourage you to consult with a local attorney in regard to legal matters.
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