My job has not paid me my paychecks (every 15th, 30th) since January 15th. Currently missing paychecks from 1/30, 2/15, 2/28, 3/15, and now likely 3/30. Also, whenever they do pay, the pay stub shows my 401k deduction, but my John Hancock statements show no deposits into my retirement account. Last deposit was made back in August 2016.
Are other employees not being paid or just you? As in, is it a clerical error effecting only you or is the company systemically in trouble? Step one would be to consult with your HR department to determine if there's actually an error. Step two is to find an employment lawyer in your area. Clearly there is something wrong with your company, either incompetence, distress, or fraud.
Obviously, I would also look for another job.
PS--I changed practice area to "employment and labor law" for more relevant responses.
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Well, it sounds like you have a big problem on your hands - namely that your employer may be broke. If you want to avoid retaliation (although, if they fire you, its not like you'll be out of a paycheck), go to the employer and politely inquire about being paid. Since you haven't been paid in two months, I'd say you've been more than patient. Now, once you've made that polite inquiry, follow it up with a letter and/or email. Email is good because there's a record of you sending it. Then, begin documenting any weirdness between you and your employer.
Of course, this is the nice way. The less than nice way, and again, your patience makes this completely justified, would be to contact an employment lawyer and pursue your options that way. If the employer is insolvent, you can sue the owner or managing agent individually under Labor Code section 558.1. Just an FYI.
At this point, retaliation is the least of your worries. If your employer is not willing to pay you, you should act fast and discuss your issue with an employment attorney. Don't delay.
This sounds like an employer you need to leave immediately. This is a big red flag of financial failure or worse. You may well be working for free right now if this company fails and there is no way to collect all of the money owed to you. First and foremost, protect yourself and do not give any more of your valuable time to this company. The handwriting is on the wall.
As to collection of the money owed to you, you have several options, none of which will guarantee you that you will get your money. One is to hire an attorney to make a demand and negotiate a payment. Another is filing an administrative wage claim with the California Division of Labor Standards Enforcement. Another still is a lawsuit.
The problem, of course, is that none of these approaches will necessarily get you money from an entity that has none. If the failure to pay you is the result of having no money to pay, a judgment is not going to necessarily get you paid.
Good luck to you.
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