Legal Question in Civil Litigation in California
So I have decided to take my former employer to small claims court for the money owed but the company is suspended, Who do I sue? Can I sue him personally? I understand that there is a period of two years for me to take him to small claims court, but when do you start counting that two years? Is it the moment that I give the money?
2 Answers from Attorneys
Why don't you try the labor commissioner first? They are there for that specific purpose.
As to the company being suspended are they still conducting business? If they were suspended then they cannot defend themselves in court until they get reinstated and you also may be able to go after the owner depending on what type of structure they used
If the money is owed for wages, the labor commission is the place to go. If this is the person who posted earlier about a personal loan, you have a good argument that you didn't loan to the business, you loaned to the owner. Take both to small claims.
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