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I have not been paid in two pay periods (4 weeks) and, as a…

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I have not been paid...
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: 2 years ago.Category: Employment Law
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Answered in 4 minutes by:
2/12/2016
Employment Lawyer: Ely, Counselor at Law replied 2 years ago
Ely
Ely, Counselor at Law
Category: Employment Law
Satisfied Customers: 103,583
Experience: Years of experience in running a medium sized law firm.
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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.

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Employment Lawyer: Ely, Counselor at Law replied 2 years 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!
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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