Employer didn't pay me

[jasonxman]

What is the name of your state (only U.S. law)?
CALIFORNIA

I was supposed to get paid last friday (I am bi-weekly) and today it is Tuesday and I haven't been paid because he said that their accountant is "on vacation". Please give me honest advice, should I be a dick and threaten him, what is the best course of action? I haven't said anything yet, except remind him I need my paycheck everyday.

 

[quincy]

What is the name of your state (only U.S. law)?
CALIFORNIA

I was supposed to get paid last friday (I am bi-weekly) and today it is Tuesday and I haven't been paid because he said that their accountant is "on vacation". Please give me honest advice, should I be a dick and threaten him, what is the best course of action? I haven't said anything yet, except remind him I need my paycheck everyday.

Threatening people is never a good idea. That is being a "dick."

 

[Proserpina]

What is the name of your state (only U.S. law)?
CALIFORNIA

I was supposed to get paid last friday (I am bi-weekly) and today it is Tuesday and I haven't been paid because he said that their accountant is "on vacation". Please give me honest advice, should I be a dick and threaten him, what is the best course of action? I haven't said anything yet, except remind him I need my paycheck everyday.

You can be as much of a Richard as your heart desires.

You can also expect to be jobless as a result.

 

[commentator]

You can be a whatever if you want to, and you certainly have the right to quit, but how exactly do you plan to "threaten" him? If you don't get paid pretty soon, you could call the Wage and hour department, and they'd see about getting your paycheck to you eventually, you must be paid for hours you've worked, according to law, though there is no law that says you must be paid exactly on the day you expected to be paid, unless you have some sort of contract stating that, and I bet you don't.

But just what do you think this would accomplish? If the company is having problems meeting payroll, I would strongly suggest that you are out there busting your butt looking for another job to go to very quickly, as of course you will not continue to work for him more than a week or so without being paid. When does he claim that your accountant's vacation will be over? Have you had any other indications that the business was about to go under, that he was having trouble meeting payroll?

If so, that's a real good reason to get out, not merely threaten the employer. Because if he's going under, you can't threaten him enough to make him continue to pay you, he'll just let you go. Which goes back to, yes, you can usually, with a lot of time and trouble, manage to force someone to pay you for hours you've actually worked, as the law requires, but there's no requirement that they always pay you as you expect to be paid. And why keep working if you're not getting paid regularly?