California Employment Law

Have California Employment Law Questions? Ask a Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

California Employment Law

I presented my resignation on June 1st because my employer

Customer Question
has been paying us late...
I presented my resignation on June 1st because my employer has been paying us late since January, also they did deduct from my paychecks of April (that I received late) the moneys for the Health insurance and when I went to the Dr. I discovered that my health insurance had been terminated because my employer did not pay it. As of today, the only money that my employer has paid me is $350. They owe me close to $5K. I know that they have taken a luxury vacation in Panama, yet when I call them to request payment they are always giving me some excuse or another. I put a claim in labor board but they have done nothing. I know that they have inventory (one co-worker has a recording of all the inventory from the last week of May) worth hundreds of thousands of dollars.
I did send them an e-mail yesterday giving them until the end of next week to pay me. I suggested them to liquidate part of the inventory. I know for a fact that as many as 4 more ex-employees are in the same situation. As far as I know the company is still functioning, with 4 people. The CEO, COO and two more.
What can I do to get paid? I do not think labor board is doing anything. I do not have the assets to hire a lawyer. I offer them to renounce to the interests that I am entitled to due to them not having paid me yet....
Please let me know
Thanks
Submitted: 1 year ago.Category: California Employment Law
Show More
Show Less
Ask Your Own California Employment Law Question
Answered in 11 minutes by:
7/23/2016
California Employment Lawyer: LawTalk, Attorney replied 1 year ago
LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 37,857
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.
Verified

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. I have been a CA licensed attorney for more than 30 years and I handle employment law.

I'm sorry to hear that the Labor Board is not able to assist you. Quite frankly, there is limited results that the Labor Board can get and much depends on the company being afraid of the Board and apparently your company is not. But there is a way to get your wages---and to actually double them based on the illegal behavior of the employer up to this point in time. Let me explain.

You do need to consider actually suing the employer in court and recover your wages/commissions. Additionally, if you sue in court, under federal laws (FLSA), you are also entitled to seek what is called Liquidated damages. Liquidated damages is equal to the amount of back wages that they owe you and must be paid in addition to the wages themselves---so you essentially get double the wages owed you in the claim based on their willful failure to pay you. Additionally, you will be entitled to be awarded costs of the court as well as your attorney fees incurred in filing suit and litigating it against your employer. http://labor-employment-law.lawyers.com/wage-and-hour-law/Liquidated-Damages-and-FLSA-Claims.html

A relatively recent law signed by the CA Governor, allows CA employees to seek liquidated damages when making a claim to the Division of Labor Standards Enforcement (DLSE), just as they could if suing in court initially. So in CA whether you make a claim to the Division of Labor Standards Enforcement, or file an action in court on your own, you may seek liquidated damages. Here is a link to an article on the change---good for CA employees, but bad for CA employers: http://www.shawvalenza.com/publications.php?id=343

The award of liquidated damages is mandatory unless employer shows that(A) act or omission giving rise to violation was in good faith and (B) the employer had reasonable grounds for believing that act or omission was not a violation of 29 U.S.C.A. § 216(b). This is a very difficult standard for the employer to meet.

Here is an excellent article which deals with pursuing an FLSA claim---which you may do in either state court or federal court. Do take the time to review it:

http://www.thefreelibrary.com/Pursuing+an+FLSA+claim%3a+many+employers+have+figured+out+how+to+skirt+...-a0183316511

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,

Doug

Ask Your Own California Employment Law Question
California Employment Lawyer: LawTalk, Attorney replied 1 year ago

Good afternoon,

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 very nominal charge I can offer you a private phone conference as opposed to continuing in this question and answer thread which is searchable and viewable by the public.

If I have already provided you with the information you asked for, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,

Doug

Ask Your Own California Employment Law Question
California Employment Lawyer: LawTalk, Attorney replied 1 year ago

Hi,

Is there anything else I can assist you with this afternoon?

Doug

Ask Your Own California Employment Law Question
Ask LawTalk Your Own Question
LawTalk
LawTalk
LawTalk, Attorney
Category: California Employment Law
Satisfied Customers: 37,857
37,857 Satisfied Customers
Experience: I have 30 years of experience in the practice of law, including employment law and discrimination law.

LawTalk is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

LawTalk

LawTalk

Attorney

37,857 satisfied customers

I have 30 years of experience in the practice of law, including employment law and discrimination law.

Tina

Tina

Attorney

923 satisfied customers

JD, 17 years experience & recognized by ABA for excellence in employment law.

Brandon, Esq.

Brandon, Esq.

Lawyer

348 satisfied customers

Has received a certificate of recognition from the California State Senate for his outstanding legal service.

melissamesq

melissamesq

Attorney

47 satisfied customers

Represent clients to maximum recovery in employment cases.

legalg

legalg

Other

35 satisfied customers

General Practitioner. Research Attorney

Roy Hadavi

Roy Hadavi

11 satisfied customers

Attorney at Law Offices of Rosenstein & Associates

Attorney2020

Attorney2020

Lawyer.

69 satisfied customers

I have significant experience in employment law.

< Previous | Next >

Related California Employment Law Questions
My employer requires extensive documentation to terminate an
my employer requires extensive documentation to terminate an employee...perfromance improvement plans...discipline etc … read more
Allen M., Esq.
Allen M., Esq.
JAG officer and former adjunct prof.
Juris Doctor, Cum Laude
19,434 satisfied customers
I live in Los Angeles and I have a some job conserns,
I live in Los Angeles and I have a some job conserns … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,406 satisfied customers
I am the manager at my family business and had a customer
I am the manager at my family business and had a customer write a check that bounced I would like to help from a lawyer to recover funds of $18k … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,406 satisfied customers
I have a question, I'm getting a job at a company and they
I have a question, I'm getting a job at a company and they are offering me options. However they are not telling me strike price. Should I be concerned? … read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,304 satisfied customers
I am a Case Manager for developmentally disabled clients and
I am a Case Manager for developmentally disabled clients and am required to travel from each of my clients house within the county and spend 2 to 3-hours with each one. I drive my personal car and am … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have a question on W2 employee and W2 contractor. I am
I have a question on W2 employee and W2 contractor. … read more
Roy Hadavi
Roy Hadavi
Juris Doctorate
11 satisfied customers
How soon can I get a response from an employment lawyer. CA.
hello how soon can I get a response from an employment lawyer … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My husband works for a company that has a Union Contract. At
My husband works for a company that has a Union Contract. At times he is made to work up to 3 weeks straight with no time off. Is this legal? … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,440 satisfied customers
This is new to me since I was never before been terminated
Hello, this is new to me since I was never before been terminated this way, only once as a multiple layoff situation. My employer of 27 months, a very successful start up who has grown from a 100 empl… read more
Bill Attorney
Bill Attorney
law
1,616 satisfied customers
I have a question concerning my open California State
I have a question concerning my open California State Disability. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
7,440 satisfied customers
Marsi I worked for local 324 from 1987 to 1995 they say I am
Hi my name is ***** ***** I worked for local 324 from 1987 to 1995 they say I am short seven to 10 hours to become vested I believe I had a total of 9800 hours but all of my papers burned in Sonoma co… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,406 satisfied customers
I have been called to an investigation meeting with my
I have been called to an investigation meeting with my employer based on a complaint that another employee said i have been rude and condescending for 2 years. The interrogation is on Tuesday. I would… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,304 satisfied customers
I was out on pregnancy disability from april 1, 2017- August
I was out on pregnancy disability from april 1, 2017- August 1, 2017, then took 6 weeks of cfra from August 1 to September 12th. … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I suffered a workers comp injury back in 2013 and have
I suffered a workers comp injury back in 2013 and have lifetime medical for psych and my right shoulder here in CA. My case was recently reopened, and I would like to request a service dog again for m… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I am looking for an attorney with experience in workers
Hello, I am looking for an attorney with experience in workers compensation … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I am looking for help regarding my job, which is
I am looking for help regarding my job, which is headquartered in California, but I am located in MI … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
A company offered a PR position to service their LA and NY
A company offered a PR position to service their LA and NY agencies. The employed mentioned that this position would also be helping their TBD/soon to be launched company. Upon confirming employment, … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have a small California based consulting business. So far,
I have a small California based consulting business. So far, it has been me with no employees on payroll. My first full time employee comes on board next week. I want to make sure I am in compliance w… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,304 satisfied customers

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).

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).

Show MoreShow Less

Ask Your Question

x