• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Six mos. still no pay

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

A

Amy B Stahr

Guest
N.J.
My husband was fired six months ago for refusing to sign a confidentially/non-compete agreement. He had worked for the firm for several years without doing so. They have refused to pay him the salary, bonus, expense account, and vacation pay he is due. Is our only recourse to file a claim with the Labor Board.
Secondly, is this a valid reason for termination?
 


A

Attorney_Replogle

Guest
If your husband were paid as promised, and yet he was terminated still, I would say the termination was valid and lawful. However, he has the pay problem you noted, so I question the reason for the termination.

As for the pay problem your rememdy is not just to complain with to the Labor Board. In California, the employee may have a claim for breach of contract or fraud. The employer could also face criminal charges. The failure to pay the wages due to your husband may also be a violation of the Fair Labor Standards Act.

So you and your husband need to speak with an employment or labor law attorney near you this week. You can find one at attorneypages

------------------
Mark B. Replogle
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top