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LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 27889
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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As of Decenber 2011 I have left employment as a commercial

Resolved Question:

As of Decenber 2011 I have left employment as a commercial floor covering salesman. Part of a sales team that worked on commision basis. Need to collect balance of monies, approx. $30,000.00. looking for appropiate lawyer in Santa Clarita are in Calif.

L. David Harer
Submitted: 2 years ago.
Category: California Employment Law
Expert:  LawTalk replied 2 years ago.
Good morning,

I'm sorry to hear of the situation.

You appear to have a claim for breach of contract based on your employer's failure to pay you wages owed.

May I presume that you were a W-2 employee and not a 1099 Independent contractor?

Doug
Customer: replied 2 years ago.

 

Correct W-2 commisioned employee

Expert:  LawTalk replied 2 years ago.
Good afternoon,

Have you filed a complaint with the local office of the CA Department of Labor yet. Often times they can assist you.

If you just want to go for the jugular though, you may retain a local employment law attorney to sue the company on your behalf--you may sue for your lost income, liquidated damages and legal fees and expenses as well.

You may actually sue the employer and recover your wages. Additionally, under federal laws (FLSA), you are also entitled to what is called Liquidated damages. Liquidated damages is equal to the amount of back wages that they owe you and must be paid in addition to the wages themselves---so you essentially get double payment of wages in the claim based on their willful failure to pay you. http://labor-employment-law.lawyers.com/wage-and-hour-law/Liquidated-Damages-and-FLSA-Claims.html

Here is an excellent article which deals with pursuing an FLSA claim---which you may do in either state court or federal court. Do take the time to review it: http://www.peterslawfirm.com/scottpeters/publications/trial%20aug%2008%20peters-walton-1.pdf


Here is a list of employment law attorneys in the Santa Clarita area:

http://lawyers.findlaw.com/lawyer/lawyer_dir/search/jsp/stdSearch_process.jsp?stype=BY_ADDR_OR_ZIP&keyword=employment+law&location=Santa+Clarita%2C+ca&target=FIRM&language=Select+a+language&submit=Find+lawyers


I wish you the best in 2012.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.

Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,

Doug
LawTalk, Attorney
Satisfied Customers: 27889
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
LawTalk and 2 other California Employment Law Specialists are ready to help you

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