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socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 37854
Experience:  Retired (mostly)
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So if I go the labor board way the fines could drown the guy

Customer Question

So if I go the labor board way the fines could drown the guy what about small claims court. The maximum you can file for in Calif. is $10,000. I know this is less than what he owes me but if he closes down like you said I get nothing.
Submitted: 3 years ago.
Category: California Employment Law
Expert:  socrateaser replied 3 years ago.
If you go to small claims, you will have to prove that you were an employee, and you would have to do it in about 5 minutes. I view small claims court, where a case is complicated, is risky, because the judge may not have the patience to really figure out what's going on, and consequently the result may be completely wrong.

Also, small claims actions cannot be appealed by a plaintiff -- so, if you lose, you're done.

Whereas, if you get a lawyer to take the case on contingency, even though it may eat into your settlement, you're more likely to get your money, because the lawyer will be interested in making certain that he/she collects.

So, while it's just my opinion, I would order the options as: employment lawyer on contingency; Labor Board complaint; small claims court.

Hope this helps.

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