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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 7141
Experience:  Significant experience in all areas of employment law.
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I just sent him a message just because i wanted things to go

Resolved Question:

I just sent him a message just because i wanted things to go smoothly telling him to pay up my payment till tomorrow 08/02/2012 now he is telling me he will take an attorney regarding my last pay check. I did not give him any notice as he fire me 2 days ago.
this is what he wrote me, i think he does not understand what is he saying,blaming about things never happened
I haven't seen you today. Its nice when you start with greeting like hello or good afternoon as you have greeted for past seven months every working day you have entered to my company. Unfortunately you came out with project and promised me that we are gonna have minimum 50 new incoming customers but you failed. I believed you and spent about $23,000 on your paycheck and project expenses for results, nothing happen.

Now I fired you 2 days ago and share you 23,000 instead you are coming with email asking for your paycheck.

The best I can do, hire an attorney by your paycheck and make a lawsuit against you for lying people and trying to steel a paycheck like you did from me and were trying to make same fake promises

all of these is not true and totaly he does not know what is he doing
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Hello again and thank you for your new question.

Your former employer obviously is not consulting with a local attorney because if he was, he would never be making these foolish statements. Employees cannot be denied wages because they "made promises" regarding performance which they could not keep. The employer shoulders the risk of success or failure of the business and of his or her employees. If employees could be made to bear this risk, then employers would always set unreasonably high performance goals and then deny the employees their pay for "failing to meet expectations."

There is no exception to the rule imposed by Labor Code 201 which requires the payment of final wages immediately upon termination. If your employer chooses to disregard this rule of law, they are only hurting themselves, as penalties will continue to accrue for each day of non-payment up to 30 days.

If your employer wants to continue shooting themselves in the foot like this, that is up to them. As I believe I noted to you previously, you can simply file a complaint with the DLSE for your unpaid wages plus penalties. Your employer's argument for not paying you is completely legally invalid.

As always, please feel free to let me know if you have any further concerns. If this answers your question, I would be most grateful for a positive rating of my service so that I may receive credit for assisting you.
Expert:  Patrick, Esq. replied 1 year ago.
I just wanted to followup since this question is still open to see if I could provide you with any further assistance with regard to the above.

Please let me know and I will do everything I can to help. Thanks so much.
Customer: replied 1 year ago.

If i go for the claim, will i have to contact the owner again or this is an automatic procedure and how long will it take to get the check?


Can i also apply for unemployment after?

Expert:  Patrick, Esq. replied 1 year ago.
Thank you for your followup.

Unfortunately, a DLSE complaint is not automatic. Each case plays out differently, but there is a very good chance you will need to come "face to face" with your employer at least once before a judgment is entered. If you retain an attorney and sue in civil court as an alternative to filing a DLSE complaint (this is your other option), you may be able to avoid any face to face contact if you work out a quick settlement.

An indiividual in your circumstance can absolutely apply for unemployment benefits. For information on how to file a claim, visit this link: http://www.edd.ca.gov/unemployment/filing_a_claim.htm

I hope this helps clarify things. Please let me know if I can be of any further assistance whatsoever.
Patrick, Esq., Lawyer
Satisfied Customers: 7141
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and 3 other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

I just filed my claim, meanwhile i would like to know wht are the chances i can get unemployment? will they contact my employer as the link you provided tells they will , is there a chance i might not get the un employment?

Expert:  Patrick, Esq. replied 1 year ago.
Andreh,

Thank you very much for your reply. Termination under the circumstances you describe would NOT result in disqualificaiton from unemployment. I see no reason why you would be denied. For information on how to file a UI claim, visit this link: http://www.edd.ca.gov/unemployment/filing_a_claim.htm

I hope this clarifies things for you. Please let me know if I can be of any further assistance.
Customer: replied 1 year ago.

I am scheduled for a conference tomorrow at labor office, i am taking all evidence i have, should i also take the threatening texts that i got before or it is not important? Is it possible that my manager refuses to pay and the deputy decides it is correct to close the case , meanwhile i still do not apply for um employment can i do it even after a month

Expert:  Patrick, Esq. replied 1 year ago.
Good evening, Andreh.

Please don't forget to rate my previous answers so that I receive credit for my assistance.

The law is on your side here. The threatening text messages are irrelevant to your claim--all you need to show is that you weren't paid for hours worked. There should be no impediment to collect unemployment benefits under the circumstances.

I hope this helps and good luck tomorrow.
Patrick, Esq., Lawyer
Satisfied Customers: 7141
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and 3 other California Employment Law Specialists are ready to help you
Customer: replied 1 year ago.

I went to the labor department today, the defendant showed with delays and they Lied from firs to the end. I was surprised that they told me i was a contractor, I did not sign anything but i do not have any proof all i have a document showing they deducted the federal taxes etc...


 


They kept giving incorrect information and I denied everything, I am not sure what will happen. I do not have all of my check stubs, i do have my bank showing everything that has been deposited the checks, but the big question can they lie? can they make documents, it seems they did not even file my taxes, so how do i have to find it?

Expert:  Patrick, Esq. replied 1 year ago.
This sounds like a very complex matter. Honestly, there is only so much that we can do for you by providing legal answers to your questions here on Just Answer. You need an attorney, and most likely you need to proceed with a lawsuit in civil court.

Most likely you will be able to retain an attorney on a contignecy fee basis. If you don't know, a contingency fee arrangement is one in which the attorney receives a portion of the client's settlement or award as his payment, typically 1/3 of the total amount. If there is no recovery, the attorney does not get paid. The client never pays until the settlement or award is obtained (except perhaps to cover the filing costs for his claim).

Once you file a lawsuit, you are entitled to conduct "discovery," which will enable you to subpoena all of your pay records. An individual in your circumstance will want to allege that you were misclassified as a contractor.

If you have any specific questions about this process, please feel free to ask by posing a new question in a new question thread, as we have deviated from the subject of your original question posed here. Since you are a subscription customer, there are no additional charges for posing more questions, but this is necessary in order to conform with site rules.

I will be happy to address any further concerns you have, and if you desire you can request me personally by beginning your question "To Legalpro54."
Patrick, Esq., Lawyer
Satisfied Customers: 7141
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and 3 other California Employment Law Specialists are ready to help you

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