California Employment Law
Have California Employment Law Questions? Ask a Lawyer.
Good evening and thank you for entrusting me to assist you. My name is XXXXX XXXXX I will do everything I can to answer your question. I am extremely sorry to hear that you have not been paid for so long. Unfortunately, there is no way to obtain a "quick" judgment, as court proceedings usually take at least 12 months and DLSE complaints at least 4-6. There is no way to expedite this process.If you sue in civil court, however, you may be able to obtain a preliminary injunction and asset freeze which prohibits your insolvent employer from touching any of its remaining assets. Otherwise, your options are to attempt a quick settlement with a payment plan, or to obtain a judgment and, in the event of company bankruptcy, assert your right as a priority creditor in the bankruptcy proceeding to whatever assets the company is left with.One other option is to attempt to collect your eventual court or DLSE judgment against your employer in his personal capacity. Even if the business is formally orgnized as an LLC, LLP, or corporation (which normally protects its owners from personal liability), you can "pierce the veil" of the entity's structure by proving: (1) that there was such unity of interest and ownership that the separate personalities of the business and the owner no longer existed, and (2) that, if the acts giving rise to legal action are treated as those of the buisness alone, an inequitable result will follow.Courts are very hesitatant to "pierce the veil," and will generally only do so where the business structure has been abused in some substantial way. For a great summary of the factors courts will consider in determiing whether to "pierce the veil," see the seminal California case on that topic here: http://scholar.google.com/scholar_case?case=17577914281106046705&q=associated+vendors+oakland+meat&hl=en&as_sdt=4,5This would ordinarily be the extent of your recourse under the circumstances. To find an attorney who can assist with your civil action, see here: http://www.cela.org/?page=4Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes and kindest regards.
I guess I need to give a little more details here. The company is Insurance Agency, and the assets are the Book of Business. Now, if this book are not properly serviced, it will loose its value, and as it I wont be able to return my money. The owner has no knowledge, neither experience to service the book. What path would you recommend civil judgment, so I can start servicing the book after preliminary injunction and asset freeze, or DLSE judgment? Can I get DLSE judgment without "pierce the veil". Which way are cheaper? BTW there are no other employees in company, besides me, and I was so called "president"