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Patrick, Esq.
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Category: Employment Law
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Experience:  Significant experience in all areas of employment law.
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There, a company i worked bought my business from me and had

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Hi there, a company i worked for had bought my business from me and had me work for them. They fired me 2 years later. They agreed to reimburse me for personal money I used to put into the business and other things but they purposely didn't put this in writing. What is the Statute of limitations for suing a former employer in San Jose? It has been a little over a year.
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Submitted: 1 year ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 1 year ago.
Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question. Labor Code 2802 requires employers to reimburse employees for all expenses incurred in the course of their employment. So, regardless of whether you had a contract promising the repayment of these sums, you would be entitled to it. The statute of limitations for bringing a claim pursuant to Labor Code 2802 is 3 years. The claim can be filed as a lawsuit, or as a "wage claim" with the Department of Labor Standards Enforcement. The wage claim process is free and often quicker, and you don't need to have an attorney. However, if you prevail in a lawsuit under Labor Code 2802, you are entitled to reimbursement for your costs and attorney fees. Those amounts can be substantial and can add to your recovery since your lawyer will most likely be working on a contingency fee basis and you will split the attorney fee award with him/her. See here to initiate the wage claim process. See here to locate an attorney if you desire to pursue a lawsuit. I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.* Disclaimer *Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.
Customer: replied 1 year ago.
Thank you for the fast response. They agreed to pay for my vacation pay but did not put this in writing. They also agreed to reimburse me for my inventory after they bought the business but did not put this in writing either. The log of the inventory at the time they bought the business is in their computer and I don't have access to it. They keep telling my attorney that I need to provide proof when because of the circumstances I'm not able to. I cannot afford a depostion or to pay much to an attorney but my attorney is now asking for $2000 upfront to get this started. I was hired by the company when they bought the business over 3 years ago and they made these agreements then. However, they fired me a little over a year ago. When would the statute of limitations start running? When i was fired?
Customer: replied 1 year ago.
during my employment with them they kept saying they would meet with me to discuss it but they were just telling me what i wanted to hear.
Expert:  Patrick, Esq. replied 1 year ago.
Thank you. Since the expenses appear to have been accrued while you were the owner and not an employee, Labor Code 2802 would not apply as that only applies to expenses incurred while an employee. Your claim here would be one for breach of contract. As to the problem of not being able to prove the amount of the inventory you had purchased for which you should be reimbursed, the solution to that problem is to file a lawsuit at which point you will have the legal ability to compel the production of these documents from your employer. If you cannot afford hourly attorney fees, you should look for an attorney willing to represent you on a contingency fee basis, meaning there is no hourly fee, only a percentage of your recovery as the fee. That percent is typically 33%, plus reimbursement for costs, which the attorney will also typically advance. Use the link I gave you above to find an attorney. Since this is not a Labor Code 2802 claim but rather a breach of contract claim you cannot file a wage claim, you must file a lawsuit as described above. I hope this clarifies things.
Customer: replied 1 year ago.
Ok based on the facts the statute of limitations has not ran out?
Customer: replied 1 year ago.
it was the inventory that was my businesses. They agreed verbally to pay me for it when they bought the business from me.
Expert:  Patrick, Esq. replied 1 year ago.
The statute of limitations for breach of a verbal contract (your claim here) is two years. As it appears to have been less than 2 years since the breach occurred, it would seem the statute of limitations has not yet expired. However, it is important to act quickly. Again, I hope this clarifies things. Please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service so that I may receive credit for assisting you.Very best wishes.
Customer: replied 1 year ago.
I appreciate your time but it's just confusing because they fired me less than 2 years ago but they bought the business over 3 years ago...see where I'm confused?
Expert:  Patrick, Esq. replied 1 year ago.
The claim for breach of contract would arise when it was reasonably clear to you that they had breached the agreement. You could certainly argue that such date was within 2 years based on representations that your employer made to you in the course of your employer. The exact start date for the statute of limitations is something that would be decided in the course of the case. So, you just need to pursue the lawsuit and do so as soon as possible. Again, I hope this helps. If I can clarify anything else just let me know.....
Customer: replied 1 year ago.
Alright thank you. So it would be reasonable to say it was clear they breached it at the time they let me go a year ago, after giving me the runaround during the course of my employment with them? They had been promising a meeting to discuss these things up until i was fired.
Expert:  Patrick, Esq. replied 1 year ago.
that would be reasonable and is certainly an argument you can make.
Expert:  Patrick, Esq. replied 1 year ago.
Please don't forget to positively rate my service if I have answered your question. This is the only way that I receive credit for my time answering questions and so is very much appreciated. Best, Patrick
Customer: replied 1 year ago.
Lastly for now, do you think that paying for a deposition of the company would make a big difference in what the judge could order? I understand they are expensive and would hope not to have to do this.
Expert:  Patrick, Esq. replied 1 year ago.
No, it wouldn't make a huge difference as the evidence you would need to prove your claim can be obtained through written discovery which doesn't cost anything at all. I hope this helps, and again, please do not forget to rate. Thank you so much and best wishes to you in resolving this matter.
Expert:  Patrick, Esq. replied 1 year ago.
Are you still with me?
Customer: replied 1 year ago.
Expert:  Patrick, Esq. replied 1 year ago.
Thank you. I ask because this question thread is still open. I believe I have answered your questions here. If so, please consider positively rating my service so that I can be compensated for my efforts. Best, Patrick

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