California Employment Law

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Can i prosecute my employer for wage theft violations not…

Customer Question
Hi Good Afternoon can i...
Hi Good Afternoon can i prosecute my employer for wage theft violations not limited to but including 496pc and 484pc? Here is my theory see if you agreed? I have met my standards of proof right now the case is civil but i want to attack it both ways civil and criminally as well. What if i take the evidence to a local friend that works for the district attorney office and go after my employer can i do that with out causing any conflict of interest or resolution with my attorneys? i know i am taking the case to a steeper level. but i believe anything is possible in the legal system. i am not a lawyer but i am studying law any tips would be great thank you.
Submitted: 4 months ago.Category: California Employment Law
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Answered in 1 hour by:
12/6/2017
California Employment Lawyer: Dwayne B., Attorney replied 4 months ago
Dwayne B.
Dwayne B., Attorney
Category: California Employment Law
Satisfied Customers: 34,389
Experience: Began practicing law in 1992
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Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

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California Employment Lawyer: Dwayne B., Attorney replied 4 months ago

Please allow me several minutes to read your facts and type my response both initially and when you add a follow up question or add facts. Please don't ask "are you there", etc., since when you post it can erase what I am working on. If we are having a conversation unless I tell you I am going offline, I will be here but I may be doing research.

While waiting for a response, please do not keep asking questions, such as "Are you there", etc. since that can erase whatever I am writing and also interrupts the thought process. I will be back with you as soon as I can do any research necessary, formulate a response, and type it in.

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California Employment Lawyer: Dwayne B., Attorney replied 4 months ago

You can file the report with the DAs office or the police and ask them to pursue criminal charges but whether they do or not is solely within their discretion. You can also file a complaint with the Department of Labor or try and file one with the US Department of Justice for the violation of any federal laws.

There is not an issue with filing both a civil case and attempting to get criminal charges filed. However, it is very unusual to see an employer actually prosecuted and as an evidentiary matter it can make a civil case look worse if you try to pursue criminal charges and the authorities refuse to file them. If the judge allows it into evidence then a jury often thinks that if the DA wouldn't pursue them then it isn't really a case they should pay damages on.

You also want to be careful about using someone inside the DAs office to pursue a case that wouldn't otherwise be pursued. That can get them into trouble plus can ruin the chances for a successful civil case. That doesn't mean you can't try to pursue the criminal case, you just don't want it being done as a favor.

Many times your best, ***** ***** least expensive option to pursue monies owed by an employer is to go through the Department of Labor for your state. They don't charge you a fee and employers tend to take any actions by them very seriously.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

Even if you are a subscriber or have a trial membership please leave a 5 Star Positive Rating so that the website knows I have answered your question.

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Customer reply replied 4 months ago
if you were in my shoes will you proceed the case criminally or not? or lets just throw it in to evidence and let the state of California Decide? what if i apply the treble damages theory in the case the employer did commit wage theft and stole personal property from employees would you think it be a successful idea?
California Employment Lawyer: Dwayne B., Attorney replied 4 months ago

Sorry for the delay, they'e doing construction next door and cut the internet cable in multiple places and it was just repaired.

It's hard to say what route I would take because it depends on your judge. Normally I would recommend o the client that they go through the government agency just to save money. If I though there was a pretty good chance the judge would hold their feet to the fire in a criminal case then I'd start both of those with a civil case beng the last resort.

However, the agencies aren't as likely to get you treble damages and the DA can only get restitution and that doesn't include treble damages. I've never found that treble damages are awarded in a high % of any case, even in the ones where the statutes make it seem to be mandatory. So my feeling on the treble damages are not to let the hpe of getting them influence or control what you do.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a 5 Star Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow-up questions in this thread. I want to be sure all of your questions are answered.

Even if you are a subscriber or have a trial membership please leave a 5 Star Positive Rating so that the website knows I have answered your question.

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