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Anne_C
Anne_C, Lawyer
Category: Employment Law
Satisfied Customers: 2302
Experience:  15 Years Litigation Experience
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i have a hearing pending with the Labor board to collect ...

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i have a hearing pending with the Labor board to collect unpaid back vacation from my ex employer that had postal contracts and went out of business. He was doing business as a corp. Does this make him judgement free? The Ca first district court of appeals case "Bradstreet v. Wong" 4/16/08 has me concerened. My boss having the Federal contracts with the post office received the $$ that was alloted for wages/benefits, even tho I never received it, and was wondering if this makes any difference Are the Court of Appeals decisions binding is all follow up cases? Would I be able to sue in small claims regarding this matter if the California Labor Board cannot help? Thank You...Pam

Dear Redding, California:

I checked the case name you cited, and I did not find it listed in any opinions. Is it something that is currently under appeal? If not, could you check the spelling?

Customer: replied 9 years ago.
Anne...I was refering to the Bradstreet v. Wong case that went to the Ca Court of Appeals that I found on the internet [Bradstreet v. Wong on search engine] in my searching for similiar cases.It involved the garment industry and I did not know if that was an issue or not, but it was declared that the owner of a disloved corp could not be held liable for unpaid wages. Also, since my boss had a contract saying what he was to pay employee's and did not, if it was possible to sue him for breech of contract, although the contract was not with me personally he still did not abide by it. My labor board hearing is on 5/14/08 and if they can find in my favor [I have all my records proving my case], even tho THEY may not be able to force him to pay, can I still file in small claim court? [The amount owing is $6,000].. when the Court makes a desision, is it binding in all cases? The Bradstreet case was thru the Court of Appeals First Appellate District Division 1 on 4/16/08......Thank you for any assistance you may give...Pam

Dear Redding, California:

Thank you for the additional information. I did find the case that you were discussing. I've also advised the well-known legal data base I initially checked that something is wrong with their indexing. It should have shown up.

I did check to see if the case has been cited in any decisions since it was made three weeks ago. It has not been.

Published appellate decisions are binding in the appellate district they were decided in. Bradstreet was decided in the First Appellate District. I believe Redding is in the Third Appellate District. Court in the Third Appellate District don't have to follow First Appellate District decisions, but most will.

Since Bradstreet v. Wong specifically addressed the authority of the DLSE (Division of Labor Standards Enforcement)/Labor Commissioner to seek recovery from individual owners, I would expect that the Labor Commissioner would follow the Bradstreet v. Wong decision in your case.

If the Labor Commissioner can't help you, if your boss, as an individual, did personally guaranty that he would pay your wages and he did not, you could sue for Breach of Contract as a third party beneficiary. You could sue in Small Claims court, but the jurisdiction is only $5000. If your boss owes you money for several weeks, though, you could file separate actions. For example, if he owes you $3000 for one week and $3000 for a different week, you could file two separate lawsuits. Here is a link to the Small Claims website: http://www.courtinfo.ca.gov/selfhelp/smallclaims/.

Good luck.

Anne_C and other Employment Law Specialists are ready to help you
Customer: replied 9 years ago.
Thank You for the infomation...Only time will tell at this point....Redding Ca.