Employer not paying employees due to "financial issues" (Small Business)
First of all, I'm glad there's a forum for stuff like this. Free help is usually the best kind, especially in my situation.
As for my situation, I work for a small business doing tech support for point-of-sale systems. since October, paychecks have been increasingly late. It started out as a day or two and has grown to be as much as three weeks, with the last one, that I received, being 17 business days late. It's gotten out of hand. I have asked my boss, the owner, nicely about what the deal is with paychecks and all I get is an excuse about how times are tough. and how he hasn't received a check since october (which I know is a lie as the accounting person cut a check for him in January and was deposited). And each time I ask, it's just another excuse with no grounds.
And to top it all off, one of three of the people who have access to funds took money out of the payroll fund without telling anyone. As of today, she's driving a new Mercedes, and according to my boss, she's about 5 more paychecks behind me. That's the part that pushed me over the edge and inspired me to write here and find out what I can do, legaly, to get my paycheck.
DOn't get me wrong, I understand how economic issues affect small businesses the most. That's big reason why I put up with it for so long. Moreover, I wouldn't have stayed this long if I didn't really like what I was doing. However as I mentioned It's gone on for 8 months, which is 8 months more than it should. I have reported it to the california Labor Enforcement agency, but have not heard back.
Now for the questions.
1. What are my options for getting my paycheck (including going to court if need-be)?
2. What obligations does the employer have to get valid paychecks out on time?
3. If I quit, what is my ex-employer's obligations to pay me monies owed?
4. If I am fired, what is my ex-employer's obligations to pay me monies owed?
5. Given the situation, am I elegeable for unemployment?
Thanks,
Shikan
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