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I was working for a startup for the past year as salary. At the beginning of March I was told that we would no longer receive a paycheck until the funding was closed which could happen before the next paycheck or not, it's our choice to work. They said we could get client work in the meantime. It's now been two months. I did a lot work for the startup over the past two months, most of it in March. I haven't gotten paid yet. The startup is about to close a round of funding but I want to just quit and move on. I was reading under law that unless I was fired or I quit, it's illegal for the startup to not pay me. Is it possible for me to get paid the last 2 months, at least one of the months even though I wasn't technically doing full time work but I was still employed?

closed as off-topic by gnat, MrFox, jcmeloni, Kate Gregory, IDrinkandIKnowThings Apr 28 '14 at 17:20

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  • "Questions seeking legal advice are off-topic as they require answers by legal professionals. See: What is asking for legal advice?" – gnat, MrFox, jcmeloni, Kate Gregory, IDrinkandIKnowThings
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    In most locales you have a legal entitlement to be paid for any work which you performed (full-time or otherwise). However, if the company really has no cash left, then even if a verdict were reached in your favor you still wouldn't get paid (and in most places, the company would be declared insolvent and forced to liquidate if they could not pay the debt). There may be a safety net in place to protect you. For instance, in Australia there's the FEG. A lot depends upon your location. – aroth Apr 29 '14 at 0:53
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You could talk with a lawyer about the legal status of filing a complaint.

However, regardless of your legal standing and what the lawyer says you may be able to get, if the startup does not actually close on the funding, there won't be any money for you to get.

There are likely other creditors etc.

IMO you should not do any other work for this startup until they pay you for the work already done. If they do not pay up, consider it a lesson learned.

Wether you move on or not depends on how you feel about the startup, what potential equity you might receive if they are bought out or go public etc.

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