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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4979
Experience:  Extensive experience representing employees and management
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If a person has a waiting time claim against his former employer

Resolved Question:

If a person has a waiting time claim against his former employer is there a Labor Board procedure for enforcing that claim without filing a law suit?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

Has teh waiting time claim already been decided in favor of the former employee?
Customer: replied 1 year ago.

No. The employer has acknowledged that it did not pay everything due at time of termination of employment and has reached out to the employee with an offer in exchange for a release in order to head off a class action suit. To induce the employer to pay more I want to know if I can tell it that if it doesn't up the anti we will take the claim directly to the Board. But first I need to know if that is possible. This is an area of the law foreign to me.

Expert:  Joseph replied 1 year ago.
Hello Michael,

Yes, you can definitely take your claim for unapid wating time (and penalties) to the Labor Board if you don't agree to a settlement with your employer.

If you decide to take the case to the Labor Board, you can file it using the forms available online here:

http://www.dir.ca.gov/dlse/HowToFileWageClaim.htm


However, the labor board does not posess the power itself to enforce a judgment that is made by the Labor Board against your employer.

If your employer refuses to pay up after a claim is awarded against it, you will have to file for an enforcement of judgment with the California Superior Court. That way the court can seize assets and pursue other remedies to satisfy your judgment.

You can file an enforcement of judgment using the forms available online here:

http://www.courts.ca.gov/forms.htm?filter=EJ
Joseph, Lawyer
Satisfied Customers: 4979
Experience: Extensive experience representing employees and management
Joseph and 3 other California Employment Law Specialists are ready to help you
Expert:  Joseph replied 1 year ago.
Hello Michael,

Please remember to rate my answer positively so I get credit for my work!

Or, please ask me any follow up questions you have.

Thanks and best of luck!

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