California Employment Law

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If a employer offered to pay me $300 ea month toward my

insurance (I have it in...
If a employer offered to pay me $300 ea month toward my insurance (I have it in writing) but he hasn't paid it for three months, is there someone in CA I can report him to? When IO interviewed for the job, the benefits were part of the job, but it took them 10 months to begin talks about and they blame it on their business being too slow. There are only 5 employees where I work.
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Answered in 8 hours by:
3/14/2018
legalg
legalg, Other
Category: California Employment Law
Satisfied Customers: 13,653
Experience: General Practitioner. Research Attorney
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Hi! A few minutes please as I review your question so I can provide you with legal information-thanks!

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Benefits have been determined to be included in the definition of wages pursuant to Murphy v. Kenneth Cole Productions, Inc. (2007) 40 Cal.4th 1094, 1103.

Also please see:

http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=200.&lawCode=LAB

As such an employee may file an unpaid wage claim.

This explains the process for filing a claim:

https://www.dir.ca.gov/dlse/HowToFileWageClaim.htm

The claim form is available here:

https://www.dir.ca.gov/dlse/HowToFileWageClaim.htm

The same case states that the employee may file a civil suit before filing a wage claim with the state. Small claims is appropriate for cases under $10,000

http://www.courts.ca.gov/selfhelp-smallclaims.htm

legalg
legalg, Other
Category: California Employment Law
Satisfied Customers: 13,653
Experience: General Practitioner. Research Attorney
Verified
legalg and 87 other California Employment Law Specialists are ready to help you
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Customer reply replied 4 months ago
what paperwork can I use to prove my claim? It was a verbal agreement when I interviewed, but I do have text messages. Just take pics of them and print them out?

Yes, fortunately text messages, emails etc are all considered when determining if there was a contract.

A contract can be written (compilation of various correspondence), implied or oral.

The court will look to see if there was a "meeting of the minds" and if so attempt to enforce that agreement so the plaintiff has the "benefit of the bargain".

Ask Your Own California Employment Law Question
Customer reply replied 4 months ago
Thanks again.

You are most welcome;

thank you kindly for the positive rating;

take care!

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