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.