California Employment Law
Have California Employment Law Questions? Ask a Lawyer.
Thank you for your question. I will do my best to answer your question, but I will first need to ask some preliminary, factual questions. Okay?
1. What is your goal? What do you seek to achieve, in other words?
2. Have you considered filing a wage claim? Is your question asking about your available legal remedies? Is that what you want to know?
I think an acknowledgement that errors were made and a reasonable attempt to have appropriate compensation. I am looking for guidance on my options of filing a claim, how that is done, time frames and what to expect. Not looking for attempt to recover every dime of what I likely missed but something to make me feel like it is right. Hope that makes sense.
I believe the original errors were honestly made but feel the new management were not even around when we developed our department and worked so very hard and now are just looking to cover it up and make it go away.
Okay, thank you. XXXXX can advise you about possible remedies and legal action,
I think your best course of action would be to file an administrative claim with the Labor Commissioner and the DLSE.
You need to file a wage claim seeking damages for wage and hour law violations.
A DLSE hearing representative will be the third party neutral who will render a decision, but there will most likely be an opportunity to mediate the matter before the final hearing.
Do I do that online on my own or need a lawyer?
You can do it on your own, or you can hire a lawyer to represent you. I have represented claimants in countless DLSE wage claim matters.
You can find more information about wage claims and the process on my website: www.kianilaw.com
Is there time limits with some of this going back to 2008? Has their tactics of stringing me along for the past 9 months in my attempt to have a friendly fix been harmful?
The statute of limitations on wage claims is three years
If you file a lawsuit, you can tack on an Unfair Competition claim, which will extend the statute of limitations to 4 years on all claims, including wage claims.
You may not do this if you simply file a wage claim at the DLSE, as they will not adjudicate an Unfair Competition claim.
Would your recommendation be to file a claim at this point
Is the labor commission the same as the fair labor board that I have others tell me about?
Yes, based on the facts you have recounted here, you should file a wage claim if your goal is to obtain a remedy in a relatively expedited fashion.
Is there info on your website that would guide me through the process or do I just go to the labor commission website? What is the DLSE