Legal Question in Business Law in California

Re: boss is not paying

Normally the remedy for not getting paid is to contact the State Labor Commissioner. And if your mom's boss/landlord were to withhold her pay and evict her, she might have a good lawsuit. But lawsuits are small comfort if one is out in the street. Recommend that she (NOT you) ask a lawyer to write a letter, on lawyer letterhead, to the boss telling him to cut it out. Also, she MUST keep copies of her time cards or time records (DO NOT keep them at work).

Re: boss is not paying

Also keep records of all payments to the owner of the house for rent. You need an attorney to work on this with you; we have a CA attorney in Orange Co. and can give you a free referral to a CA attorney in your area.

Re: boss is not paying

There are a few more details that would be helpful in giving advice, although certainly contacting an office of the state labor commissioner is the ultimate good advice. Look in the State Government section of the phone book under Industrial Relations Department and then sub-headings for labor standards enforcement.

The additional information that would be useful includes:

(1) Does the steakhouse use a bookkeeper, accountant or payroll service? If so, that would be a source of possibly factual information about who's been paid, and maybe a way to get this problem fixed.

(2) Are the other employees being paid on time? If others have complaints, there may be some safety in numbers from getting together to make a joint complaint to labor standards enforcement - less chance of retaliation.

(3) Is you mom paid in cash or by check? Direct deposit, possibly? Your question refers to paychecks, but if checks are being used, it would be a very simple matter to show that the check had been issued and cashed. If the owner claims a check was issued, but it hasn't been cashed, then he can issure a replacement an put a stop-payment order on the earlier one.

(4) How are the checks usually distributed? By mail? Handed out at the restaurant? Consider the ways it could have been lost or stolen, who was a witness, etc.

My son-in-law is a former steakhouse manager. He's never had a hard time finding a new job when he needed one. Your mom won't be unemployed long if she has to move on. This is a high-demand occupation where there is a constant shortage of good people.

Re: boss is not paying

file a claim with the Labor Commissioner for unpaid compensation. If the owner retaliates, then feel free to contact me about their legal remedies for that illegal conduct.