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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5049
Experience:  Extensive experience representing employees and management
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Please download our case description and give us a good price

Resolved Question:

Please download our case description and give us a good price for the answers because
our company is a start-up with no income yet:
http://www.nsesoftware.com/Ask_lawyer4.docx
Submitted: 10 months ago.
Category: California Employment Law
Expert:  Joseph replied 10 months ago.
Hello Jay,

If you have an additional question for me you can just ask it here, since you did open a new Q and A session. (The way my office is set up I have difficulty downloading files).

Please let me know what it is. If it's somehow beyond the Q and A scope, I can give you an 'extra services' price quote.



Customer: replied 10 months ago.

。。。


But there is one and only one student who only completed a build of an open source APL interpreter (It took her about 2 weeks from 6/28 to 7/10, I agreed to pay her $500.00 for this, but she refused ), but refused to give any presentation in all meetings with the excuse that “I have No Progress because I am very busy, I have No time to work.” Later on 7/11/2013 she asked me to reduce the Maximum work time to 8 hours, but still refused to give any presentation continuously (About other intern students’ presentations, I can provide the related Video to show them).



On 8/7/2013 She said she had found another job and quitted the internship before the scheduled end time (8/24/2013). But when I asked her to transfer her job to another student with her all reports, all documents, and all source programs she had, she said “Nothing I have”, so that she left without providing us any report, any document, and any program source code – nothing at all.



Besides this student, other four intern students providing progress representations in each week’s meeting, and the final reports, documents, and source code have been fully paid as shown in the record to be provided.



Later on 9/21/2013 she provided a unsigned Timesheet fully filled and ask me to pay. I finally agreed to pay her $2,000, but she refused, and then she filed the case as described below.



The timesheet she provided and e-mailed to me on 9/21/2013


Part III: Time Sheet (Note by Jay: from 5/13/2013 to 8/7/2013)




















































































Week #



Working Hours



What Done



1



15



Study and practice Flex



2



15



Study and practice Bison



3



15



Study and practice APL, using APLX 5.1 Trial Version



4



15



Continue study on APL, focus on the input file issue



5



15



Do research on OpenAPL, trying the compilation and installation under Linux



6



15



Do research on NARS2000, download the source code and study the help documents



7



15



Work on compiling NARS2000, many email communication with the author to fix problems during compilation



8



15



Finally compiled NARS2000 successfully and shared the knowledge with teammates



9



8



Study the source code of NARS2000



10



8



Continue study on the source code of NARS2000



11



8



Do modifications on NARS2000 source code and compiled the new executable file



12



8



Study the interface of writing DBS provided by Paul, intending to integrate with the Panorama tools family



13



8



Demo the output to team and transferred the project to new comer



Total Hours:



160






Evidences about the intern student is cheating us with false timesheet:



(1) The timesheet was provided by her in about one and half month late after she quitted from the internship, rather than in the work time scheduled, or on the day she quitted - if she has accurate timesheet counted by the days she really worked, she would provide it in time or when she quitted.


(2) In the timesheet she provided, there are no detailed days, no start-time and no end-time, and no any signature - not be approved by anyone at all, but by herself.


(3) She informed me on 5/21/2013 that she could not attend our regular meeting on 5/22/2013 because she would go for a trip with friends, then until 6/27/2013 there is no any commemoration from her to me or any one in the team - for more than one month! But in her Timesheet, she still fully filled the maximum hours (15 hours) for each week from 5/20 to 6/23 - 4 weeks! (Please also be aware that she just “Informed” me rather than asked me for the approval of her trip).


(4) The best proof about the false timesheet fully filled (with maximum hours in each week) is by herself that in each week’s meeting when I asked her to give a presentation on her training and work progress, she always said “No progress, because I have no time to work” (see the related witness statements to be provided).


(5) She claimed that she spent 160 hours working for us with the CPT, but provided us nothing - no report, no document, no source code, nothing at all - it cannot be true to have spent 160 hours without any outcome.


(6) On 7/11/2013 she sent an email to me (about the work time) mentioning that “I really cannot commit that much”, if so why on the Timesheet she provided before 7/11/2013 she still fully filled all weeks with maximum 15 hours? She can commit it or cannot commit it?


(7) She quitted on 8/7/2013, but she fully filled the whole week (8 hours) from 8/5/2013 to 8/9/2013 – did she suddenly can commit 15 Hours/per week so that only in 2.5 days from 8/5/2013 to 6:pm of 8/7/2013 she worked for 8 hours? Who will believes it?



Now this international intern has filed a case to XXXXX Division of Labor Standards Enforcement, Oakland using her Timesheet and claimed for 160 hours and $15/hour from 5/13/13 to 8/7/13 = $2,400.00, plus liquidated damage $1,280.00 and additional wages $120.00 per day until paid (not to exceed thirty days) – totally about $7,280.00.



For this issue I have several choices:


1. Agree to pay her $3,680.00 rather than $7,280.00 (because I really don’t want to spend more time on it);


2. Attend the conference to argue the case with her without agreeing to pay her for now.


3. Go to Fremont (or Oakland?) regular Court to file a Civil case to sue her possible cheating using invalid and/or fake Timesheet;


4. Go to Fremont (or Oakland?) regular court to file a criminal case to sue her cheating us using false Timesheet.


5. File a civil case to Fremont (or Oakland?) Small Claim Court



I need your opinion about which choice will be better for me to take now. In my mind I prefer the number 4 to file a criminal case to sue her cheating us using false Timesheet, if you agree it with me.


Now my questions are:


A. Since our company NSEsoftware, LLC is located in HENDERSON of Nevada, and we have no office in California including Oakland (only my personal home address in Oakland), is the State Of California, Division of Labor Standards Enforcement, Oakland qualified to hold the conference and the entire process for this case? Should it be held in Nevada or Fremont (NPU university is located in Fremont)?


B. What choice you think is better for me to take, and why?


C. How about our evidences in claiming that she is cheating us with false Timesheet? Is the evidence good enough to claim that?


D Should we file the case to a Small Claim Court or regular court? Can a Small Claim Court handle this case as Civil case and/or Criminal case?


E. If you think I should file a criminal (or civil ) case to Fremont (or Oakland?) court, how much I need to pay you for preparing the case description and helping me to file it? How long will it take for you to do so? If I want you to represent us in the entire lawsuit process until the end, how much should we pay you (our company is a start-up, has no income yet)? If we file a case to a court, should I still attend the conference? If I disagree with her in the conference, and file a case to a court, should I still attend the hearing of it in the State Of California, Division of Labor Standards Enforcement in Oakland (or other place?)? About the court and the hearing in the State Of California, Division of Labor Standards Enforcement organization, which ruling has more power or both decision should be followed?


F. If you think I should go to the conference to argue the case, can you go with me and represent us for the case from 9:30 to 10:30 (or 11:30) on 11/19/2013 Tuesday atXXXXX Suite 801, Oakland, CANNN-NN-NNNN How much for your one hour service and two hours service? Will you mainly ask her to verify her Timesheet or make her admin cheating with the false Timesheet?


G. Any suggestion?


Customer: replied 10 months ago.

。。。


But there is one and only one student who only completed a build of an open source APL interpreter (It took her about 2 weeks from 6/28 to 7/10, I agreed to pay her $500.00 for this, but she refused ), but refused to give any presentation in all meetings with the excuse that “I have No Progress because I am very busy, I have No time to work.” Later on 7/11/2013 she asked me to reduce the Maximum work time to 8 hours, but still refused to give any presentation continuously (About other intern students’ presentations, I can provide the related Video to show them).



On 8/7/2013 She said she had found another job and quitted the internship before the scheduled end time (8/24/2013). But when I asked her to transfer her job to another student with her all reports, all documents, and all source programs she had, she said “Nothing I have”, so that she left without providing us any report, any document, and any program source code – nothing at all.



Besides this student, other four intern students providing progress representations in each week’s meeting, and the final reports, documents, and source code have been fully paid as shown in the record to be provided.



Later on 9/21/2013 she provided a unsigned Timesheet fully filled and ask me to pay. I finally agreed to pay her $2,000, but she refused, and then she filed the case as described below.



The timesheet she provided and e-mailed to me on 9/21/2013


Part III: Time Sheet (Note by Jay: from 5/13/2013 to 8/7/2013)




















































































Week #



Working Hours



What Done



1



15



Study and practice Flex



2



15



Study and practice Bison



3



15



Study and practice APL, using APLX 5.1 Trial Version



4



15



Continue study on APL, focus on the input file issue



5



15



Do research on OpenAPL, trying the compilation and installation under Linux



6



15



Do research on NARS2000, download the source code and study the help documents



7



15



Work on compiling NARS2000, many email communication with the author to fix problems during compilation



8



15



Finally compiled NARS2000 successfully and shared the knowledge with teammates



9



8



Study the source code of NARS2000



10



8



Continue study on the source code of NARS2000



11



8



Do modifications on NARS2000 source code and compiled the new executable file



12



8



Study the interface of writing DBS provided by Paul, intending to integrate with the Panorama tools family



13



8



Demo the output to team and transferred the project to new comer



Total Hours:



160






Evidences about the intern student is cheating us with false timesheet:



(1) The timesheet was provided by her in about one and half month late after she quitted from the internship, rather than in the work time scheduled, or on the day she quitted - if she has accurate timesheet counted by the days she really worked, she would provide it in time or when she quitted.


(2) In the timesheet she provided, there are no detailed days, no start-time and no end-time, and no any signature - not be approved by anyone at all, but by herself.


(3) She informed me on 5/21/2013 that she could not attend our regular meeting on 5/22/2013 because she would go for a trip with friends, then until 6/27/2013 there is no any commemoration from her to me or any one in the team - for more than one month! But in her Timesheet, she still fully filled the maximum hours (15 hours) for each week from 5/20 to 6/23 - 4 weeks! (Please also be aware that she just “Informed” me rather than asked me for the approval of her trip).


(4) The best proof about the false timesheet fully filled (with maximum hours in each week) is by herself that in each week’s meeting when I asked her to give a presentation on her training and work progress, she always said “No progress, because I have no time to work” (see the related witness statements to be provided).


(5) She claimed that she spent 160 hours working for us with the CPT, but provided us nothing - no report, no document, no source code, nothing at all - it cannot be true to have spent 160 hours without any outcome.


(6) On 7/11/2013 she sent an email to me (about the work time) mentioning that “I really cannot commit that much”, if so why on the Timesheet she provided before 7/11/2013 she still fully filled all weeks with maximum 15 hours? She can commit it or cannot commit it?


(7) She quitted on 8/7/2013, but she fully filled the whole week (8 hours) from 8/5/2013 to 8/9/2013 – did she suddenly can commit 15 Hours/per week so that only in 2.5 days from 8/5/2013 to 6:pm of 8/7/2013 she worked for 8 hours? Who will believes it?



Now this international intern has filed a case to XXXXX Division of Labor Standards Enforcement, Oakland using her Timesheet and claimed for 160 hours and $15/hour from 5/13/13 to 8/7/13 = $2,400.00, plus liquidated damage $1,280.00 and additional wages $120.00 per day until paid (not to exceed thirty days) – totally about $7,280.00.



For this issue I have several choices:


1. Agree to pay her $3,680.00 rather than $7,280.00 (because I really don’t want to spend more time on it);


2. Attend the conference to argue the case with her without agreeing to pay her for now.


3. Go to Fremont (or Oakland?) regular Court to file a Civil case to sue her possible cheating using invalid and/or fake Timesheet;


4. Go to Fremont (or Oakland?) regular court to file a criminal case to sue her cheating us using false Timesheet.


5. File a civil case to Fremont (or Oakland?) Small Claim Court



I need your opinion about which choice will be better for me to take now. In my mind I prefer the number 4 to file a criminal case to sue her cheating us using false Timesheet, if you agree it with me.


Now my questions are:


A. Since our company NSEsoftware, LLC is located in HENDERSON of Nevada, and we have no office in California including Oakland (only my personal home address in Oakland), is the State Of California, Division of Labor Standards Enforcement, Oakland qualified to hold the conference and the entire process for this case? Should it be held in Nevada or Fremont (NPU university is located in Fremont)?


B. What choice you think is better for me to take, and why?


C. How about our evidences in claiming that she is cheating us with false Timesheet? Is the evidence good enough to claim that?


D Should we file the case to a Small Claim Court or regular court? Can a Small Claim Court handle this case as Civil case and/or Criminal case?


E. If you think I should file a criminal (or civil ) case to Fremont (or Oakland?) court, how much I need to pay you for preparing the case description and helping me to file it? How long will it take for you to do so? If I want you to represent us in the entire lawsuit process until the end, how much should we pay you (our company is a start-up, has no income yet)? If we file a case to a court, should I still attend the conference? If I disagree with her in the conference, and file a case to a court, should I still attend the hearing of it in the State Of California, Division of Labor Standards Enforcement in Oakland (or other place?)? About the court and the hearing in the State Of California, Division of Labor Standards Enforcement organization, which ruling has more power or both decision should be followed?


F. If you think I should go to the conference to argue the case, can you go with me and represent us for the case from 9:30 to 10:30 (or 11:30) on 11/19/2013 Tuesday atXXXXX Suite 801, Oakland, CANNN-NN-NNNN How much for your one hour service and two hours service? Will you mainly ask her to verify her Timesheet or make her admin cheating with the false Timesheet?


G. Any suggestion?


Expert:  Joseph replied 10 months ago.
Wow, that's pretty long. Give me some time to look over that and get back to you.
Customer: replied 10 months ago.

Thanks.

Expert:  Joseph replied 10 months ago.
Thank you. I'll be back to you shortly.
Expert:  Joseph replied 10 months ago.
Options:

As far as these go only 1 and 2 are realistic. You cannot file a criminal charge or civil case against her for her actions as they are protected, since they are done as part of her wage claim process. You can only choose to settle to have the wage claim waved or attend the hearing to argue that you do not owe the amount that is claimed.

I have to say that you may have an uphill battle though at the hearing, since you didn't pay her anything. That means you'd be liable for the penalties no matter what. Even if there's a dispute as to what she was owed, you were required to give her the amount which you did not dispute, which you failed to do, meaning she would be entitled to all the waiting time penalties.

It's really not worth it to go to the hearing and pay the entire amount in waiting time penalties (which you will have to pay) to argue that she misrepresented that she worked for even 100 hours instead of 60, as you'd knock off 900 to pay thousands more).

Taking that into account, I really have to say that the only viable and reasonable option to avoid paying the full amount (or anything close to it) would be to settle for half, which is a good deal all things considered.

I realize that you do not want to do this due to the principle at stake, but it is really the wise choice for your company in limiting your liability for unpaid wages.

Since I am recommending settlement, your other questions wouldn't be relevant, but please open up a new question and answer session if you still wish me to address them, and I'd be happy to do so.

Joseph, Lawyer
Satisfied Customers: 5049
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you
Customer: replied 10 months ago.

Dear Joseph:


In this case how much will be the half?

Customer: replied 10 months ago.


About I did not pay her, she is a part time intern but she did not provide me the Timesheet before she quitted, and after she quitted she provided a unsigned timesheet with only the hours per week with no detailed days the start-time and end-time which is invalid for us to pay, right?


 

Customer: replied 10 months ago.

Hi Joseph,


(1) Should I provide witness statement showing she has never give a presentation, and that when she quitted she provided us nothing - no documents, no source code, and no report?


 


(2) If I agree to pay her half, but she disagree, then what will happen?


 


(3) How the $120/per day should be counted if I do not go to hearing?


 

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