Legal Question in Criminal Law in California

Good day Counselors! I have a complicated issue. My husband worked for a Co. for over 4 weeks until he got assaulted by the Owner. After the assault, the owner said "This happens all the time," and asked him to work as an outside sales rep until they get this taken care of. All the while, they never paid him his salary for over 4 weeks! I contacted the Labor Board and they immediately gave us a Hearing date for last week. My husband attended and the owner's sent their 2 CPA's with a copy of the back of a check in the amount of $4,000.00!!! They said they paid my husband the $4,000.00 up front, the first week of July. The Commissioner knew it was a lie because they did not furnish the original check and/or a copy of both sides of the check. Nor, did the check have my husbands ID info, thumb print, etc. The Commissioner is referring the case to a Federal Judge and warned the CPA's that it looks like fraud and if so, they can be prosecuted. In the meantime, we have gone to the Bank and are expected today to hear the results of their 48 hour investigation. My husband has nothing to worry about, the fraud is obviously coming from the owner's of the Co. Do you recommend we go to the DA or the police after receiving the info from the Bank, and is it true that my husband can be intitled to more than just his salary plus the $100.00 per day not to exceed 30 days? Please help!! We need advice quickly, and the fastest way to get paid since we are a struggling family at this time.


Asked on 8/19/09, 4:44 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Fastest way to get paid is to settle with the employer. If that is not possible, then pursue the legal action available through the Labor Commissioner. If and when you get a judgment, you can try to levy and collect. If you want legal help and are ready to get an attorney to do it right, feel free to contact me.

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Answered on 8/19/09, 7:29 pm


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