Q: My employer isn't paying me on time, causing me extreme financial issues. Can I sue? Do I need a lawyer to sue?
I have the emails, and dates, and specific language they used in this situation.
A:
Labor Code § 204 Section 204 provides that all wages earned for labor in excess of the normal work period shall be paid no later than the payday for the next regular payroll period. If your employer is in violation of this section, you can demand your employer pay you your wages with the applicable penalties, you can hire an attorney to send a demand for you or file a lawsuit, or you can file an administrative wage claim with the California Division of Labor Standards Enforcement. Each of these options has pros and cons.
I suggest you consult with an employment law attorney who will further examine your situation and explain your options. Most employment law attorneys in California offer free of charge initial consultations, and thereafter may take your case on a contingency basis, meaning you do not have to pay attorney’s fees unless and until there is a positive outcome for you. They may also advance either all or partial costs of litigation.
You can look either on this site in the Find a Lawyer section or go to California Employment Layers Association (www.cela.org), an organization whose members are committed to representing employees’ rights.
Sincerely,
Maya L. Serkova
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