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Ely, Counselor at Law
Category: Criminal Law
Satisfied Customers: 3141
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Customer Question

I AM A VICTIM with the BIGGEST LOSSES FINANCIALLY, LEGALLY and CARRIER-WISE; all as a result of trusting my Boss. He owes me over $30,000 accumulated unpaid earnings and as a result of working for him in the last 3 years, I am now facing criminal charges as well as civil law suit with very serious consequences in my life.
I moved from Chicago to LA 3 years ago with experience in Heating/Cooling repair and installation. Looking for my first job on Craig's list, I was hired as a Technician/Installer but I was also asked to sell for that company during service calls/installations. Since I was new here and not very fluent in English, I trusted everything he told me as my Boss; for example: I don't need to have a license because the company has valid licensing…
Back in 2012 we (the company and myself) received 2 tickets $750.00 each from the Contractor State License Board for Operating without a license. Every time I asked my boss about them, he told me not to worry and wait. Since he had not been paying my earnings in full, I asked him to pay the fines. He assured me he would take care of them and that we would still have to go to court regardless if we paid the tickets or not. I realized I needed a "Sales person License" to do the job I was being asked to perform. However, since I had to provide proof that I was employed by a licensed company on the application, I could not apply. In May 2013, I was informed criminal complaints were filed charging me with violation of Contracting without License Code section 7028(a) and other charges by The LA City Attorney office; Superior Court Case 3CA00042-02. Arraignment was scheduled on 6/4/13 at the Superior Court in LA. My boss hired an attorney to represent both of us together and paid him a deposit. He also met with CSLB Board to give his statement without my presence and told me how to respond to questions on a phone interview. In the meantime, I kept asking for my money but wasn't getting paid, finally I refused to take anymore service calls. He stopped responding to the attorney and paying his fees, to the point he almost dropped our case. He also took the company van that was in my possession unannounced, with my tools and personal belongings inside. I went to the office to get my stuff, as I entered his office he got up from his desk, punched me in my chest, pushed me out and shut the door. The next day after I picked up my belongings I went to the police department and filed a police report regarding his violent behavior. I tried to file a complaint with The Labor Board regarding his refusal to pay my earnings but since I was not hired on payroll system they couldn't help me. Our attorney emailed the following: The Court set one final pretrial for 9/18/2013 at 8:30 so that we can inform the court if you will be going to trial, or if you will accept the City Attorney’s offer. Acceptance of this offer would be a Misdemeanor on your record and you would be required to perform 45-days of community labor as a condition of your summary (informal) probation (probation would be for 3-years). If you take the case to trial, and lose, you may be sentenced for up to (maximum 1-year county jail) per count: Count 2 – BP § 7159.5; Count 4– PC § 487; Count 5 – PC § 368/530.5; Count 7 - BP § 7159.5; Count 9– PC 487; Count 10 - PC § 368/530.5; Count 11 – BP § 7153 – fine. I believe, based on the information contained in the reports, the statements and admissions you already provided the CSLB investigators, and the information you’ve provided me, that it is in both of your best interests to accept the City Attorney’s offer…“
1- I was not present during meeting with CSLB investigators and the statement I gave over the phone was what I was told to say 2- Records/information provided by my boss relates to HIS business conduct as my BOSS; WE WERE NOT PARTNERS. I never had a say in any decisions he made; nor was I made aware of issues in the capacity that I worked for him 3- I have no prior history of unlawful behavior, personally or professionally, my boss on the other hand is an ex-con with extensive background in breaking the law and taking advantage of people; including myself! The City Attorney has no knowledge of these issues or recent violent encounter and police report to alter his offer. The present attorney can not legally side with me because of conflict of interest and since he is not getting paid well, he wants to wrap up the case quickly. Can I hire another attorney at this point, request an extension to re-open the investigation and re-evaluate the case based on the facts and recent developments, hopefully for a more realistic assessment and justified offer? Final pre-trial is scheduled for this Wednesday at 8:00 am.
Submitted: 3 years ago.
Category: Criminal Law
Expert:  Fran-mod replied 3 years ago.

I'm Fran, and I’m a moderator for this topic.

We have been working with the professionals to try to help you with your question. Sometimes it may take a bit of time to find the right fit. I was checking to see if you had already found your answer or if you still needing assistance from one of the professionals.

Please let me know if you wish to continue waiting or if you would like for us to close your question.Also remember that JustAnswer has a multitude of categories to help you with all your needs from Health, Pets, Computers, Cars, Finance, Law, to Home Improvement, and more.
Customer: replied 3 years ago.

I am still waiting, no one has answered my question yet

Customer: replied 3 years ago.
Relist: Other.
I have not received an answer yet.
Expert:  Wendy-Mod replied 3 years ago.

Thank you, XXXXX XXXXX continue to look for a professional to assist you. Please let me know if I can be of any further assistance while you wait.

Customer: replied 3 years ago.

I gave my credit card info to pay $51 for last question that was not answered. I changed my question but am being asked again for payment. 1- Was I charged $51 on my card? 2- Why can't I use that payment if I just changed my question?

Customer: replied 3 years ago.

I want to change the question using the same payment of $51 for the last question that was not answered. please advise

Expert:  Wendy-Mod replied 3 years ago.

This easiest way to ask a new question is for me to close this question and then you can use your deposit to ask a new question. I will go ahead and close this one for you.

Thank you for your understanding.

Customer: replied 3 years ago.

Thank you for the reply, just to be sure do I have to provide my card info again for the new question?

Customer: replied 3 years ago.

Please tell me what I have to do now, you said you'll close the question but it is still open. I need some help I've been waiting too long.

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