I resigned from my last position after working for two months and here is the payment related scenario:

Initially employer agreed on X amount per month salary. I worked for 21 days in month M1 and 30 days in month M2 and 5 days in month M3 and I resigned after that.

So, for 21 days, he only paid me 41% of the original salary amount X. It's pretty much obivious that since I have worked more than half month in the month M1, my salary should be greater than 50%.

For Month M2 and M3:

Employer told me that they ran out of funding and they need to conserve cash. For that he reduced my original salary to 1/3rd of the original amount X and told me that once the company gets enough cash, he will pay me back the remaining salary amount (2/3rd) for month M2.

Overall, for month M2 and M3, he paid me 41% of the original amount of X.

Since I have left the company, I have asked him how he is going to handle the deferred payment concept. I have sent him an email but haven't received any response.

I am wondering should I sue him for the remaining amount if he doesn't agree/respond to my email? I am located in california.

Also, for Month M1, he paid me the salary after 5 days( after the end of month) and for month M2 he paid me the salary after 10 days and that too after asking him when can I expect the salary.

Also, I asked him whether the salary for month M1 included any tax deduction , he said No. And he told me that he transferred the amount for approximate two weeks. Not sure what is approximate here as I have worked for 21 days in the month M1. I believe it's the same for the M2 and M3 month salary as well. He didn't keep me on the payroll.

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    I'm voting to close this question as off-topic because questions that start with "should I sue..." should be addressed to an attorney. – littleadv Feb 23 '16 at 5:46
  • @littleadv You want me to change the question title ? – John Feb 23 '16 at 5:55
  • @John The question of whether to sue or not always depends on the question of whether or not you have a winnable case, and only an attorney looking at all the details can tell you that. – Ben Miller - Remember Monica Feb 23 '16 at 6:00
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    @AVProgrammer The problem is that they don't have office yet as its a startup. Everything happened via email/phone. – John Feb 23 '16 at 6:17
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    @John I'm not a lawyer, and I believe no one of the "resident" respondents on this forum is. I think that several laws have been broken, based on my knowledge of the CA labor laws. However, as I said, your question is in essence a request for a legal advice, and only a lawyer can provide that. – littleadv Feb 23 '16 at 7:54

Assuming your former employer is also in California, the Labor Commissioner / Department of Industrial Relations exists to handle this type of claim. Check out their page on filing a wage claim.

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  • Thanks. Yes they have registered office location in San Francisco. – John Feb 23 '16 at 8:59
  • If he claims to have withheld federal income and payroll taxes but didn’t remit them to the IRS, then the IRS will also get involved, both to make sure you get proper credit for the withholding and to get their money. – prl Jun 18 '18 at 2:48

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