Have Legal Questions? Ask a Lawyer Now.
Thank you for your question. Extortion, as you likely know, is criminalized under California Penal Code section 518. That section reads as follows:
Extortion is the obtaining of property from another, with his consent, or the obtaining of an official act of a public officer, induced by a wrongful use of force or fear, or under color of official right.
The pertinent part of your desired statement is the second sentence. "... should we go to a hearing, it would be necessary for me to contact as many people as possible in order to have a substantial number of witnesses to testify on my behalf."
I should start by saying that because the nuances of every situation are different, this information should not be construed as complete or advice without consulting in person with counsel. That said, the statement does not appear, on its face, to constitute extortion, assuming (based on the context) that you are merely notifying the other side that you expect to need to collect witnesses if the case doesn't settle.
But that said, why make the statement at all? Your employer should understand that you will need to present your case if the matter goes to hearing, so are you really telling your employer anything that they don't already know?
A good attorney will always tell you that if there's any doubt about whether an act is criminal, don't do it. Although the statement does not appear to be extortion on its face, I see no benefit from making the statement at all. So play it safe and eliminate the danger. It doesn't do you any good to be right if you still have to sweat through a criminal trial to get to an acquittal.
Well honestly the idea is to put the prospect of all the potential employees also filing the same wage claims against him, upon discovery of my matter and realizing their ability to do so. It seems to me that would be sufficient motivation for him to merely settle and avoid opening the flood gates.
Well, you know the situation best, XXXXX XXXXX is the chance that the employer hasn't considered that outcome?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).