So, the state that I live in has pretty clear wage laws with harsh penalties that are easy to get enforced swiftly by a court. If they don't pay you on time, it's 3x damages. If they don't pay you on your last day, it's 3x damages. You cannot waive these rights under any circumstances and neither can they.
So I was employed by a startup based in CA (that had no clue about my state's wage laws) that was about to close a fundraising round in early December. Very clear offer letter obviously written by an attorney. Clear salary and benefits. Clear pay dates and terms. Etc.. All seemed well and normal. Started work on my start date.
Then payday came……..and no pay. I asked what's up and they said we were all going to get paid when we closed the round. It seemed imminent, and I also knew I could always sue for 3x damages, so I waited.
Then the news came: the funding fell through.
Next payday came: no pay.
So I raised hell……and they fired me.
So, I've waited several months for the right time while talking it through with my employment attorney, who says this is a slam dunk, and we started putting things in motion.
They got wind and the threats came hard and fast. They are claiming I was never employed and even if I was, it was entirely contingent upon getting funding. Now, that's what's called a “special arrangement” in my state and is 100% illegal, and they admitted that's what their intention was in writing today. My attorney is practically salivating.
Furthermore, what they don't know, is that in my state, CEO/officers/directors are all personally liable for wages and wage damages……..and all of them are loaded. So even if the company has no money, I can just take theirs.
And as of now, they owe me around $250,000.
We get started Monday.