How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Patrick, Esq. Your Own Question

Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 6750
Experience:  Significant experience in all areas of employment law.
Type Your California Employment Law Question Here...
Patrick, Esq. is online now
A new question is answered every 9 seconds

paga claim

Resolved Question:

I HAD AN EMPOLYEE THAT WORKED FOR ME APPROX 2.5 YEARS AGO AND HE TOOK ME TO THE LABOR BOARD AND LOST, ALTHOUGH I DID PAY HIM A $1000.00 TO SETTLE THE CASE AND GOT A RELEASE AND NOW HE IS FILING A PAGA CLAIM AGAINST ME. CAN HE DO THAT

Submitted: 9 months ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 9 months ago.
Good evening and thank you for entrusting me to assist you. My name is XXXXX XXXXX X will do everything I can to answer your question.

Most likely, the employee has no right to pursue a PAGA claim. According to the CA Court of Appeal's 2008 decision in Deleon v. Verizon Wireless, a claimant who releases ALL causes of action through a comprehensive settlement waiver waives their right to subsequent bring a PAGA claim. The waiver need not specifically waive the employee's right to pursue a PAGA action, but the waiver must be unequivocal and comprehensive in scope.

You will need to review the settlement agreement which this employee signed in order to assess whether they have waived their rights to such degree. If the settlement agreement was drafted by an attorney or by the DLSE, it will almost certainly be sufficient. Here is a link to the Deleon case you will want to cite in support of a motion to dismiss the PAGA action: http://scholar.google.com/scholar_case?case=4141330947217550986&q=Deleon+v+Verizon&hl=en&as_sdt=4,5

Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.

If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes and kindest regards.
Patrick, Esq., Lawyer
Satisfied Customers: 6750
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and 2 other California Employment Law Specialists are ready to help you
Customer: replied 9 months ago.

Thank you for you're answer. Can you tell me why the attorney took this case. The claimant an I both live in Fresno and his attorney is in the L.A. area and like you said I do have a signed release and I also read the claimant only has one year to file a paga claim. I would not be surprised if he did not tell his attorney that he did receive a $1000.00 settlement from me and I have a signed release. Any idea why his attorney would take the case? Thank you, Rick

Expert:  Patrick, Esq. replied 9 months ago.
Rick,

Thank you very much for your reply.

I would only be speculating, but there could be a few reasons. First, if the attorney is unethical, he may have agreed to accept the case on an hourly basis knowing full well that it will be dismissed in the early stages of litigation simply as a way to collect a fee. Second, he may believe that the waiver the employee signed is not sufficiently comprehensive to waive a PAGA claim (see the case I cited for discussion of what is sufficient). Third, as you note, he may simply not be aware of this employee's final settlement, though I find that to be the least probable explanation. Lastly, he may not have done his research and believes that a PAGA claim is exempt from waiver, which it is of course not.

This is a very unfortunate situation, but you would be well served to retain a local attorney who can file what's called a "demurrer." If sustained, that should dispose of the case in its entirety. Though it is unlikely, you may also be able to bring a motion for attorney fees on the grounds that the suit is frivolous.

Good luck to you moving forward.
Patrick, Esq., Lawyer
Satisfied Customers: 6750
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and 2 other California Employment Law Specialists are ready to help you
Customer: replied 9 months ago.

This guy does not have any money so I'm sure he is not hourly with the attorney and I'm sure the attorney knows what he is doing since he specializes in this type of case. I have been to two different attorneys and actually got my retainer back because I found out more than what he knew and he wasn't a Employment law attorney which I thought he was because he was referred to me by a bankrupsy attorney. I did see #2 attorney but I've actually learned more from you. Do you know of anyone in the Fresno area you can refer me to. Thank you, Rick

Expert:  Patrick, Esq. replied 9 months ago.

Thanks again for your reply and kind words. Unfortunately, the terms of service of this site prohibit us from making direct referrals. The most I am able to do is guide you to referral sites through which you can locate competent attorneys in your area.

I particularly like Martin Dale, which provides a well-respected form of attorney skill ratings. See here: http://www.martindale.com/Labor-and-Employment/s-california/fresno-lawyers.htm?c=S

You'll want an "AV" rated attorney.

I hope this helps and please let me know if you require any further clarification.

Patrick, Esq., Lawyer
Satisfied Customers: 6750
Experience: Significant experience in all areas of employment law.
Patrick, Esq. and 2 other California Employment Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • LawTalk

    Attorney

    Satisfied Customers:

    912
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    912
    I have 30 years of experience in the practice of law, including employment law and discrimination law.
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Attorney

    Satisfied Customers:

    827
    JD, 16 years experience & recognized by ABA for excellence in employment law.
  • http://ww2.justanswer.com/uploads/PI/PIExpert/2012-7-1_152453_Attorney.64x64.jpg Brandon, Esq.'s Avatar

    Brandon, Esq.

    Lawyer

    Satisfied Customers:

    320
    Has received a certificate of recognition from the California State Senate for his outstanding legal service.
  • http://ww2.justanswer.com/uploads/PH/phoenixrising119/2012-7-26_11214_043.64x64.jpg melissamesq's Avatar

    melissamesq

    Attorney

    Satisfied Customers:

    47
    Represent clients to maximum recovery in employment cases.
  • http://ww2.justanswer.com/uploads/IG/Iggy1001/2013-11-20_23344_JApic.64x64.jpg Joseph's Avatar

    Joseph

    Lawyer

    Satisfied Customers:

    3098
    Extensive experience representing employees and management
  • http://ww2.justanswer.com/uploads/JK/jkiani22/2013-11-18_15348_JacobKiani1copy2.64x64.jpg jkiani22's Avatar

    jkiani22

    Attorney

    Satisfied Customers:

    20
    Attorney
  • /img/opt/shirt.png Legal Counsel's Avatar

    Legal Counsel

    Lawyer

    Satisfied Customers:

    32
    California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.