Quitting with cause... WA (claim, payment, work, UI)

[Kees]

6 months ago I left my job of 2 years for another... with good cause. (35% pay increase)

Here we are 6 months later and the job is going well except for the fact I have not gotten paid for the last 2 weekly pay periods. There is no immediate concern because I do have about 9 months expenses in savings but I am wondering what my options are...

I've looked here (see question 3):

http://www.esd.wa.gov/newsandinforma...loyers-ask.php

I don't see anything specific about working for free being a just cause to quit but I am assuming it is. Anyone know of UI claims being approved for this reason?

We were told we were getting our checks today but are still waiting. I'm willing to give it this week to see what happens but don't plan on going much further.

I started job searching last night and expect to find something quick but am wondering if quitting is an option assuming this week is a repeat of the last two.

Thanks.

[Ariadne22]

Ha - I would call working for nothing - either not getting paid or paid with checks that bounce - a substantial change in the terms of your employment which would justify a quit. Furthermore, it's against labor laws.

California has a good page on how they view this:

Voluntary Quit VQ 500 - Wages and Time

Several elements I noticed:

1. Not receiving at least the minimum wage - no pay would fit that category
2. Not being paid at least twice a month - as required by CA Labor Code
3. Substantial reduction in pay - i.e., not being paid at all.

You might do a google search on the WA labor code.

[amaiunmei]

Originally Posted by Kees

6 months ago I left my job of 2 years for another... with good cause. (35% pay increase)

Here we are 6 months later and the job is going well except for the fact I have not gotten paid for the last 2 weekly pay periods. There is no immediate concern because I do have about 9 months expenses in savings but I am wondering what my options are...

I've looked here (see question 3):

General FAQ for employers

I don't see anything specific about working for free being a just cause to quit but I am assuming it is. Anyone know of UI claims being approved for this reason?

We were told we were getting our checks today but are still waiting. I'm willing to give it this week to see what happens but don't plan on going much further.

I started job searching last night and expect to find something quick but am wondering if quitting is an option assuming this week is a repeat of the last two.

Thanks.

Generally speaking, UI wants to see if you have made a good faith effort to keep your job when you quit.

However, another important factor here is time. You might be seen as having a less favorable chance at UI if you quit and don't allow for the employer to make things right. However, given that at least two pay periods have passed without recompense, you have suffered a pay cut of 25% or more already ... which would give you grounds for winning UI.

See page 14: http://www.esd.wa.gov/uibenefits/for...s.pdf#zoom=100

Communicate in email with your employer, and keep all emails! You may need them later.

Good luck!

[Kees]

Thanks for the replies.

I did not get paid yesterday... I got my check about 20 mins ago.

Had I known this 6 months ago I would have stayed where I was. I am going to continue to look for something else regardless. I had no intentions of quitting immediately (at least not prior to next payday) but the entire situation has me uncomfortable.

I'm not liking working for a business that is running paycheck to paycheck. It's a good thing I didn't have outstanding bills depending on this payment that was 2 weeks late.

[Hemlock140]

if your employer can't make payroll on time, they have other financial issues too, and are most likely going to be out of business within a few months. If they are behind on federal taxes, including your withholding, state B & O tax, it's only a matter of time before they get shut down and padlocked. As long as you have savings you might stay and hope to get paid, but you really do need to start interviewing for something better.

[amaiunmei]

Originally Posted by Hemlock140

if your employer can't make payroll on time, they have other financial issues too, and are most likely going to be out of business within a few months. If they are behind on federal taxes, including your withholding, state B & O tax, it's only a matter of time before they get shut down and padlocked. As long as you have savings you might stay and hope to get paid, but you really do need to start interviewing for something better.

Just wanted to co-sign on everything said here. This company is circling the drain, and it's best to get out now!

[Kees]

Originally Posted by Hemlock140

if your employer can't make payroll on time, they have other financial issues too, and are most likely going to be out of business within a few months. If they are behind on federal taxes, including your withholding, state B & O tax, it's only a matter of time before they get shut down and padlocked. As long as you have savings you might stay and hope to get paid, but you really do need to start interviewing for something better.

I've started... Got an interview set for Thurs afternoon.

On a side note it's funny you mentioned taxes and stuff. I came in this morning and a $22k check from a customer was on the table. I just happened to notice it and said to the secretary "Ahhh maybe we'll get paid on time Friday."

Her reply?

"It's going for bills and payroll taxes."

At least the UI benefit is decent here... $580ish a week is better than most states.

Thanks again for the replies everyone.