Employment Law Questions? Ask an Employment Lawyer.
If I take them to court what could I reasonably expect to ask for in penalties and interest, etc.I realize there is a waiting time penalty that is a maximum of 30 days pay, but what other things could be added? Interest, penalties, fees,etc?
If a lawsuit is the answer what are the chances of winning, and general costs might be, and would they be responsible for the attorney and court fees?
If they underpaid me $10,000 over a year and didn't pay my housing for over a year and I have e-mails from the CFO/comptroller stating that they do agree they owe the money, isn't it a fairly open and closed case?
Do the courts tend to side with the employee or employer?
Is their saying they just didn't have the money to pay me and are making payments an acceptable out for them?
If I take them to court what could I reasonably expect to ask for in penalties and interest, etc.
I realize there is a waiting time penalty that is a maximum of 30 days pay, but what other things could be added? Interest, penalties, fees,etc?
A: In employment cases, contract damages include salary, bonus, overtime pay, sick leave, life insurance, medical and dental insurance, pension and retirement benefits, etc. There may also be noncash perquisites and benefits to consider: automobiles, dependent care, vacation facilities, country club dues, etc.
Statutory damages where the employer has failed to pay minimum wage permit double damages for the amount under minimum wage not paid timely. However, this begs the question of whether or not you can impose the California minimum wage on the employer while at work in China. I believe that this claim would be rejected by a court, since you are not subject to either state or federal minimum wage law -- unless you can show a written contract under which the employer and employee agreed to subject themselves to California law (which does happen, so read your contract, if you have one).
A: For unpaid wages, and any expenses the chances are 100% -- assuming that you can prove the agreement, hopefully via a written contract. For anything above that, it depends on whether or not you have agreed in writing to submit to California law. If you have, then you could get attorney's fees. Otherwise, you may not be able to recover anything other than the amount of unpaid wages and expenses.
A: Courts don't tend to side one way or the other, except in cases where the employee is a minimum wage worker. When it's obvious that the employee is naive and has been taken advantage of, the court's tenor changes. But, whether the employee is educated and well compensated, the court is objective.
Thank you for your answers.
While I was working in China I was employed by and paid by the California Company. I had worked for them since 2008 in California, but moved my address to Texas while I was in China.
I am curious where the $11,725 in wages number came from.
The amount they owed me excluding a $5,000 bonus was $30,000 for unpaid salary and unpaid housing.
They have thus far paid me $29,000 but still owe me $6,000 not counting the waiting time penalty.
Bankr. Code 507(a)(4) provides the maximum prepetition wage recovery in the event that the employer files bankruptcy. The amount in the statute is adjusted for inflation every three years. See 78 FR 12089 (Revision of Certain Dollar Amounts in the Bankruptcy Code Prescribed Under Section 104(A) of the Code).
Actually, I notice that the amount has been increased to $12,425, as of 3/31/2013. Hope this helps.
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