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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 7663
Experience:  Significant experience in all areas of employment law.
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Hello!!! I am a truck Driver I made a trip worth of $3000 and

Resolved Question:

Hello!!! I am a truck Driver I made a trip worth of $3000 and he decide that hi will not pay me + he becom vilent with me Can we sue him for 5000 or more?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 2 years ago.
Hello and thank you for entrusting me to answer your question. My goal is to answer your question completely and thoroughly and to provide excellent service.

Did you have an agreement in place regarding the payment you were to receive for making this trip? If so, was the agreement in writing and what did it provide for?

I very much look forward to assisting you regarding this matter.
Customer: replied 2 years ago.
No I do not have Agreement in writing only verbal and I have his cheks that he payed me from privies trips but hi decided that hi don't need me any more and e wont pay me for rip
Expert:  Patrick, Esq. replied 2 years ago.
Andrey,

Thank you very much for your reply. One last question--are you an employee or an independent contractor, or do you not know?

With this information, I will be able to provide your answer.
Customer: replied 2 years ago.
I am employee I have field out my employment Application but hi sad hi lost it my Application and i can't proof my employment with him
Expert:  Patrick, Esq. replied 2 years ago.
Thank you for your reply.

If you are an employee, you are entitled to payment for all hours in which you are under the control of your employer, which would of course include the time spent on your trip. Employment agreements need not be in writing to be enforceable, so your oral agreement would typically be sufficient.

The non-payment of wages is an offense which the Labor Board takes very seriously. An individual in your circumstance can make a claim for the non-payment of wages through the Department of Labor Standards Enforcement. To file a wage claim with the DLSE, visit this link: http://www.dir.ca.gov/dlse/howtofilewageclaim.htm

The DLSE will investigate this matter on your behalf and issue a judgment against your former employer if it determines that is warranted. The DLSE may also issue a penalty for the non-payment of wages against your former employer along with interest on the outstanding amount.

I sincerely XXXXX XXXXX this information helps you and I wish you the best.

If you do not have any further concerns, I would be very grateful if you would give my answer a positive rating and click submit, as this is the only way I will receive credit for assisting you. If you have any additional concerns that you would like me to address, please feel free to let me know by hitting the REPLY or CONTINUE CONVERSATION button and I will be more than happy to continue assisting you.

Finally, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Thank you and very kindest regards.
Patrick, Esq., Lawyer
Satisfied Customers: 7663
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and other California Employment Law Specialists are ready to help you

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Patrick, Esq.
Patrick, Esq.
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Significant experience in all areas of employment law.