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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 4986
Experience:  Extensive experience representing employees and management
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Hi !Hope you are doing fine.Background first:I work

Customer Question

Hi !

Hope you are doing fine.

Background first:
I work in IT companies.

I worked in multi layer environment (Client > Vendor > Sub Vendor).
During whole period i was working at Client office, laptop & email provided by client but being part of vendor team in CALIFORNIA.

December 2011: Sub vendor Terminated me due to visa issues. I took off for a month from Vendor team.
After 1 month back joined back vendor team when they(vendor manager) called me back for work.
Assuming they know about my termination, i joined back. But there was no contract/offer letter from Vendor.

Jan 2012: Kept working with vendor without any contract/offer. Vendor team used to give me directions and work assignment.

September 2012: There was no salary paid during Jan 2012-September 2012. When asked about wages, they asked me to give back laptop. I never asked for salary before this.

I took month long sick leave but in middle of that they asked me to hand over the laptop & my security badge, and stopped my access to office. Thats it.

There was no formal email/letter to stop working or termination.

When asked for wages they told that i should contact my employer(sub vendor). They're putting on each other since then.


Important Facts:

1. I have Time sheets(weekly hours approved by Client & Vendor for the work done) for all this period.

2. I was getting all the directions, work assigned by Vendor's manager. have emails showing that.

3. Client has paid vendor for my services from starting Jan 2012 until Sep 2012. So, all the payments are with Vendor, but he has not paid me.

4. Client is a big Healthcare company in California, Vendor is Big Indian IT company (Have offices in USA), Sub Vendor is a consulting company of size may be 300+.


So, questions:

1. I need to get my wages for the period Jan 2012 to Oct 2012. Who'll pay my wages Vendor Or Client?

2. On what rate i should be paid as there is no contract or anything?
3. Apart from wages, am i eligible to get compensation for damages, penalties etc? What are those?
4. For ex: If my recoverable wages are $50K. What are estimated amounts for damages and penalties?

How should i proceed?

Please let me know if you need more info. Please provide detailed answer.

Thank You !
Ria
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Joseph replied 1 year ago.
Hello Ria, and welcome to JustAnswer.

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

My goal is to provide you with excellent service this evening.

1. Since the vendor employed you (to work for the client), the vendor is obligated to pay you the wages that you are due from January 2012 to October 2012.

2. I am not sure why you weren't being paid at all for this time and you didn't have any set wage (which is normal when you are hired for any job). If you were receiving an hourly wage for the work before and had a reasonable expectation you would get it, you would get that hourly set wage. If you don't have a set one, you would be due at least minimum wage ($8.00) per hour that you worked. You are also entitled to overtime wages for any overtime you worked. Additionally, you would be entitled to a day's wages per day you were required to wait to receive your wages (for up to 30 days). Finally, you would be entitled to liquidated damages, which would nearly double that amount.

3. See above, the liquidated damages, penalties and fees would at least double the amount of money that you are due for unpaid wages (and could near to triple that amount).

4. That's hard to know exactly, since I would need your daily rate, and it would depend on other factors, but they can easily be in excess of $100k.

You need to file a wage claim with the Department of Industrial Relations, Division of Labor Standards Enforcement, which you can do using the information available online here:

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

There is no fee for filing a wage claim. You will then have a hearing scheduled, where you can present your case, including all the proof that you have before an administrative law judge. They will do their calculations and then issue a judgment against your employer for the amount in wages, penalties, and fees that you are owed.


Please let me know if you need any additional information or have any additional follow up questions, as I want to ensure I provide you with the best possible service.

If not, please remember to rate my answer positively so I get credit for my work!

Thanks and best of luck!
Expert:  Joseph replied 1 year ago.
Please remember to rate my answer positively so I get credit for my work!

(If you don't rate my answer, the website recoups your entire deposit and I get nothing for assisting you. Trust me when I tell you I need the money WAY more than they do, so I would greatly appreciate if you accept my answer!)
Expert:  Joseph replied 1 year ago.
Hello Ria,

I've noticed that you've posted a few new questions as well. I'd be happy to answer those for you too, if you positively rate this answer!

Again, don't hesitate to ask me any follow-up questions or request any further information regarding my response here.

Thanks!
Customer: replied 1 year ago.

I had responded with follow-up questions, could you pls answer those?


 


 


Thank you !

Expert:  Joseph replied 1 year ago.

Hello Ria, As I mentioned before, I'd be happy to answer them for you once you accept this answer! Under the rules of the site, unless they are clarifying points, they need to be asked as distinct and separate questions. (If you accept this answer, I'll get back to you in the morning with answers to your additional questions). Thanks again!

Customer: replied 1 year ago.
Relist: Incomplete answer.
Expert:  Joseph replied 1 year ago.

Hello Ria, Please ask your follow up questions here and I will be happy to answer them for you. I would greatly appreciate you revising your feedback rating, as I did provide you with a complete answer to your previous questions. Please let me know what you need for a 'complete' answer. Thanks again and best of luck!

Expert:  Joseph replied 1 year ago.

If you don't let me know the questions here, I cannot provide you with a 'more' complete answer. I cannot see why my service was poor and believe you may have rated me negatively since I refused to answer your other questions not listed here without payment for this question. (Remember that rating my service as poor damages my reputation here, as well as prevents me from receiving any credit for my work, and is undeserved when I have given you a complete answers to your actual initial questions). Post you follow-up questions (directly related) to your first question here, and I'll answer them for you. Additional separate questions need to be asked separately.

 

Thank you for your understanding.

Customer: replied 1 year ago.

Here's why i feel so...


 


1. I feel you have not provided proper answers to parts my main question.


2. You have not bothered to publish the follow-up questions, leave apart answering them.


 


So, pls don't force me to change rating.


Sorry.


 


 

Expert:  Joseph replied 1 year ago.

What do you mean by 'publish' the follow up questions? I cannot 'publish' any questions. I have no control over where they are 'published' or if they are. If you are experiencing difficulties, you need to contact customer service for assistance. But don't hold an expert responsible for site issues you're experiencing.

 

I will be happy to answer the ones you post in THIS question. I have no control over what you post in other questions. You also have not stated what you found to be 'improper' answers. I provided you with complete information and asked for follow-up questions. You have posted none in this question. I have no control and cannot necessarily answer the ones in other questions. Your rating is up to you, but I am disappointed that you feel I somehow provided you with 'improper' answers, and still don't understand why, and you didn't give me any opportunity to respond to your follow up questions HERE.

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