On September 2, 2008 I worked for a small staffing company, I was the Outside-Sales person and Account Sales Manager. And my co-worker was the receptionist.
I agreed with the salary pay, and continue working for that company. My duties were to get business from companies which needed help or had an open position. On October 20, 2008, one company had a open position. I sent them many candidates which they ended up hiring one candidate. On November 4,2008 the same company called me saying that they did not wanted that candidate any more, so I faxed them all the past invoices. On November 10, 2008 the receptionist did not open the office, so I called the boss to find out if she was sick and if he wanted me to stay at the office to answer the phones. He told me the he did not have the money to pay the rent or the utilities that he laid the receptionist off. And encouraged me to apply for unemployment,meanwhile still working for him with no pay.
He promised that he would pay me for that weeks Nov.1-Nov.15 and to not worry that the money for those weeks was there. So I trusted the boss and continue working. On November 15th I called the boss because my money was not in the bank. He told that he did not have the money to pay me or the receptionist. That he was struggling trying to pay for the office rent and utilities. But he me encouraged again to work for him and once I begin bringing more business that he would bring the receptionist and myself back to the office. I told him that I wanted the money that worked for. I couldn't convince him. I called my co-worker (the receptionist) and she told me that the boss did paid her. I was angry and frustrated. On November 17, 2008 I called EDD to apply for benefits. On November 18, 2008 the same boss called me saying that the he received checks from a company but did not had funds. He promised again that he would pay me once he gets money.
I when ahead and took those checks to that company and requested new checks with funds. And I asked the owner of that company if he had any open position. He said "yes" and to come back within a week to start working. I went to the staffing company and took those checks to my ex-boss and I asked for my money. He said that he did not have money to pay me. I was angry and called Labor Board. I went to work the next week for that company and worked there just 2 days, until my ex-boss came to that company asking for his money because those checks that I handled him did not have funds. My ex-boss saw me. I told him that my new boss wasn't in but I would take a message. I also told me that I would see him in court because I was going to fight for those weeks that I worked for him in the staffing company. It's been 7 months and I haven't received any money from Labor Board. Next week I have court at Labor Board. What can I do to prove the court that the period of Nov.1-Nov.15, 2008 I worked for the staffing company? What can I do if my ex-boss say that he closed the company because he does not have money? I have evidence that he opened another office, which he has money coming in. My ex co-worker (the receptionist) is willing to go to court to testify. Can I still get my money even thought now my ex-boss does not have the staffing agency anymore, but has another business which is bringing him money? Please help. Any advice is helpful.