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LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 37855
Experience:  I have 30 years of experience in the practice of law, including employment law and discrimination law.
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I have just been sued with a frivolous lawsuit. One that

Customer Question

I have just been sued with a frivolous lawsuit. One that should have gone to a labor board for a temp that worked 7 days claiming that she was not paid for her breaks, however she did sign out each day showing her lunch hours and breaks. How can I sue the lawfirm and have this moved to the labor board where it should have been. I am a very small business I believe they are using me as a pawn to create a class action or get ransom from me to settle. How do I protect myself. My insurance company won't kick in until I have reached $25000. in fees. I am an S corp and I want to file this at the court on my own
Submitted: 1 year ago.
Category: California Employment Law
Expert:  LawTalk replied 1 year ago.

Good morning,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. I am a CA licensed attorney and have more than 30 year's experience handling employment law issues.

Have the attorneys, or has the Plaintiff, made a settlement demand on you yet? Is so, what are they asking for in terms of a settlement?

I certainly empathize with your situation, as it is never pleasant being on the receiving end of a lawsuit. However, you are wanting to accomplish a couple of things that are impossible to do under present CA law.

You have no way to force the Plaintiff to abandon her lawsuit and submit her claim to the labor Board. Neither do you have the legal right to represent your S Corporation in court. A lawsuit filed by you against the attorneys representing the Plaintiff would be entirely without legal merit and you would almost certainly find yourself being sued once again for malicious prosecution by the law firm as soon as they succeeded in having your suit thrown out.

None of your facts suggest that the attorneys are seeking a class action status, and as far as you not paying her for her breaks---even if she did sign out for her 15 minute breaks, she was entitled to be paid for them. Only a meal break need not be compensated for.


Expert:  LawTalk replied 1 year ago.


While I have responded to your situation, this seems like a very crucial matter for you, and your questions and issues suggest that an in-depth conversation might best suit your needs. If you are interested, for a nominal charge I can offer you a phone conference as opposed to continuing in this question and answer thread. I will make that offer to you after I get this posted to your question thread. All you need do is accept the offer if you would like me to call. Let me know if you don't want a call and I can continue here with an answer.