Employer Not paying salary

[sidhu8993]

Hi All,
I recently got a full time job and I moved from my old employer. I haven't received last 2 months paycheck from my old employer. He is telling me that he will not release my pay until vendor releases the pay. Myself -> Employer -> Vendor -> Prime Vendor -> Cleint. Prime vendor has released the pay to vendor but he is not releasing the pay. I gave 2 weeks notice to my employer and there is an agreement which I signed with my employer which says I have to give 30 days notice if not they will withhold the 160 hours of pay. Is it legal to with hold the pay? Did anyone face the issue before. Can someone guide me on how should I proceed?. Can I complain to DOL saying that I haven't received my 2 months pay, will get I my 2 months pay If I complain or will the agreement be valid and will I just receive 1 month pay. What are the important things I have to take into consideration while complaining

 

[Zigner]

What US state?

 

[sidhu8993]

California

 

[Zigner]

Penalizing you by withholding anything after you gave 2 weeks notice is against the law. Review https://www.dir.ca.gov/dlse/FAQ_Paydays.htm, because there are some exceptions.

You may file a wage claim with the state - see https://www.dir.ca.gov/dlse/dlseWagesandHours.html for more information on how to do that.

 

[Zigner]

I did receive your private message wherein you state that your employer is based in Iowa and you are working for a "client" in California. You should explain your employment situation more fully.

 

[sidhu8993]

My employer office location is in IOWA and I got a contract job through him in California, I worked in California and I paid all the California taxes

 

[Zigner]

You should contact the California Department of Industrial Relations using the information I provided above.

 

[sidhu8993]

Sure thank you so much, Is it a good idea to hire an attorney or should I do it by my own

 

[Zigner]

Sure thank you so much, Is it a good idea to hire an attorney or should I do it by my own

I think it's a bit premature to hire an attorney.

 

[sidhu8993]

Ok thanks, right now I am in Oregon, do I have to got to California to do all the process

 

[Zigner]

Ok thanks, right now I am in Oregon, do I have to got to California to do all the process

The contact information is given in the page(s) I posted links to.

 

[adjusterjack]

My employer office location is in IOWA and I got a contract job through him in California, I worked in California and I paid all the California taxes

Contract job?
You paid CA taxes?

Something about that seems a bit hinky.

Are you a W-2 employee or a 1099 independent contractor.

If you are an independent contractor the state's labor regulatory agency isn't going to be able to help you and you may have to sue for your money.

 

[sidhu8993]

I am a W2 employee

 

[LdiJ]

I am a W2 employee

Then follow the links previously given to you in post number 4.