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N Cal Attorney
N Cal Attorney, Lawyer
Category: Employment Law
Satisfied Customers: 9177
Experience:  Since 1983
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Someone claim that he was working for me but he never work

Customer Question

Someone claim that he was working for me but he never work for me I got a letter from labor department saying he is claiming for large amount of money since 2013 till now.
This person he was a member in llc and now he claiming that he did not got paid since 2013 till December 2015 when company remove him from the llc due to stealing money from the company
Submitted: 6 months ago.
Category: Employment Law
Expert:  N Cal Attorney replied 6 months ago.

I am sorry to hear this.

You can file an answer stating that the person was never an employee and was a member of an LLC which makes the person a part owner of the company and definitely not an employee.

I hope this information is helpful.

Customer: replied 6 months ago.
Thank you. How can I check if the letter I got is really filed with the department of labor or he fake it ?
Can I sue him for fales claim ?
Expert:  N Cal Attorney replied 6 months ago.

Is the letter from the California Labor Commissioner or some federal agency?

Customer: replied 6 months ago.
It's from labor commissioner state of ca
Department of industrial relations
Expert:  N Cal Attorney replied 6 months ago.

It sounds legitimate. If you want, you can scan and post it here, or scan and email it to***@******.*** and write ForCustomerif you want me to look at it.

Customer: replied 6 months ago.
This guy casued so much damage for me and he also claim another girl he use to go out with her that she was working for me too for 4000 a moth that she never ever work for me for even 1 day
Expert:  N Cal Attorney replied 6 months ago.

You can sue them for any damage they caused but that would be in regular court and not in the labor commissioner case.

Expert:  N Cal Attorney replied 6 months ago.

I am sorry but I do not do phone calls through this site.

Customer: replied 6 months ago.
Ok. Np. I am just wanna know how can I stop this guy from all this harassment
Customer: replied 6 months ago.
Should I hire an Attorny to respond
Expert:  N Cal Attorney replied 6 months ago.

Most Labor Commissioner cases are done without an attorney but you can hire one and deduct the fees as a business expense of the LLC.

You can get a free consultation from some of the attorneys listed by location here. I suggest that you at least speak with an attorney who can review the complaint and assist you in writing an answer.