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Legal Counsel
Legal Counsel, Lawyer
Category: California Employment Law
Satisfied Customers: 103
Experience:  California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.
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I in the near future am going to file a wage claim for my hours

Customer Question

I in the near future am going to file a wage claim for my hours being short. My partner recently passed and before she did was talking about filing a wage claim also now that she's not here can I file a claim on her behalf and also if it were to come out that her passing was influenced by the stress and excess of hours could there also be a claim?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Legal Counsel replied 1 year ago.

Legal Counsel : Hello. If you have a record of your hours worked that were not paid, you should definitely file a wage claim for those hours. Your claim will be filed with the California Labor Commissioner. If the labor commissioner finds that your employer " willfully " failed to pay you your wages, the labor commissioner may also award you a "penalty" against the employer equal to your unpaid wages for each day the employer failed to pay you up to 30 days. Whether you can bring a claim on behalf of your partner depends upon whether your partner has an estate and whether you are the personal representative of the estate. I strongly suggest that you confer with an attorney regarding how to proceed on behalf of your partner, because it involves issues related to probate law as well as whether you are registered as a lawful partner and whether there is an executor of your partner's estate, and whether your partner's claims for unpaid wages can be included in your partner's estate. Unfortunately, the legal issues regarding your partner's estate and the status of your partnership are complicated and cannot be fully addressed on this general information site. If there is an attorney involved in your partner's estate, please raise these issues with the attorney. If you do not yet have an attorney, I strongly urge you to seek the advice of an attorney that you trust so that you can receive proper legal advice on how to proceed. You do not want to proceed on these matters without the personal guidance and assistance of an attorney. If your partner's passing is related to the employment, that is also a separate issue that must be determined by your private discussions with an attorney. Unfortunately, I cannot give you specific advice because this site does not allow for confidential communications and you need to have the opportunity to discuss these issues with an attorney who can give you specific legal advice. I'm sorry I cannot be of more help as to your specific circumstances but please know that the questions you are asking are important enough for you to seek the specific advice of a personal attorney. I cannot recommend any specific attorney, but I recommend that you speak with at least 2-3 different attorneys so that you can decide which attorney you feel most confident about. You may also want to contact the local Lawyer Referral Service or Bar Association in your city to get referrals for attorneys that handle both probate and employment law. Again, the issues you are faced with ate complicated and you should seek the advice of a personal attorney at your soonest opportunity. I wish I could be of more help, but I hope that informing you that you need to seek the specific advice of a personal attorney has assisted you. I am also very sorry to hear of your partner's passing. I'm certain it is difficult to have to wonder about these issues while also grieving the loss of your partner. Seeking the advice of an attorney will also give you the sense of security that your partner's rights are also being protected. And the only way for you too ensure that is to speak directly and privately with an attorney. I wish you the best as you proceed on behalf of your partner and hope you are able to find an attorney whom you can trust. Please let me know if there is any further information that I can provide you.
Customer:

yes there is one more thing, i was considering moving back to my home town wich is in another state would that be an issue in either of these cases in a negative way

Legal Counsel : I am not sure where your home state is but I strongly recommend that you file your wage claim with the labor commissioner before you leave. You are entitled to payment for your hours and moving to another state will not deprive you of the right to payment for those hours. Once you file your claim, you can notify the labor commissioner that you have a new address. If there are hearings that you cannot personally attend, you should request that you be allowed to appear telephonically. I think you should file your claim before you move, and ask the labor commissioner when or if there will be any hearings in the future. Also, once you retain an attorney to represent your partner's interests that arose in California, your moving should not negatively effect your partner's rights. But please check with a Calufornia attorney before you leave so that you will feel Confident that these matters are at least in the hands of a Calf
Legal Counsel : (I'm so sorry - that was sent before I was finished).please ignore the last sentence in the last paragraph. I was saying: But please check with a California attorney before you leave so that you will feel confident that these matters are at least in the hands of a California attorney before you leave and the attorney can tell you what needs to be done before you leave. Try not to leave before you talk with a California attorney. I can see why you want to return home. It must be a very painful time and the love and support of those close to you will help you to continue on. Please know I am sending my deepest condolences.
Customer:

thank you very much

Legal Counsel, Lawyer
Satisfied Customers: 103
Experience: California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.
Legal Counsel and other California Employment Law Specialists are ready to help you
Expert:  Legal Counsel replied 1 year ago.
Dear D,
Thank you so much for accepting my answer. It means everything to me to know that you are pleased with my service. If you ever have additional questions you can direct them to me as "Legal Counsel." I know I don't know you personally, but your loss has touched my heart. You are in my thoughts and I sincerely XXXX X could help you more as you grieve and try to make sense of your partner's passing. Your circumstances are very personal to me in many ways. Hopefully, you will be able to surround yourself with those who love you.

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