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Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 102496
Experience:  Years of experience in running a medium sized law firm.
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I have not been paid in two pay periods (4 weeks) and, as a

Customer Question

I have not been paid in two pay periods (4 weeks) and, as a result, I resigned on Wednesday. How should I proceed? I was thinking of sending my supervisor (CEO of the company) an email with the link to CA's labor laws regarding the timely dispersement of final wages but wasn't sure if this was a good idea.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Someone in your situation has three options:

1) To negotiate privately (that is to email them what you were thinking along with a demand, etc). If this fails - and likely it will - then one has the following:

2) File a wage claim through the California Dept. of Industrial Relations. See HERE. This is an administrative process through the state and they can either agree to pay, or will force an administrative hearing to determine if there is outstanding wage to be paid; OR

3) File in court. This is a judicial process and is essentially a lawsuit.

Because the administrative process in #2 was designed especially for this, most ex employees prefer it over anything else and it normally succeed if the wage is indeed owed.

I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.

Expert:  Ely replied 1 year ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never rated positively. I am simply touching base. Let me know. Thanks!