Legal Question in Civil Litigation in California

Re: Easiest way to Sue Corporate Employer for Unpaid Expenses

Mr. Guerrini gave the best answer. Filing a claim with the Labor will cost you nothing but your time and they will take action to collect the full $5,500 plus any penalties that may be applicable. If your employer does not pay the amount due the Labor board will obtain a judgement. The labor board will then take some miniminal action to collect the amount.

Re: Easiest way to Sue Corporate Employer for Unpaid Expenses

You are making it too hard on yourself. Simply file a claim with the Labor Board. If these are monies advanced for your employer, then statute requires the employer to reimburse you. And you are entitled to recover costs and attorneys' fees in the process of recovering them (assuming you hire an attorney). In light of the size of the claim, you will probably proceed without an attorney. Instead of going to court (where the procedural hurdles can mean 8-12 months before you get to trial), file a claim with the Labor Board. You should have a hearing within 2-3 months. It is informal and very pro-employee. You can find info on the Labor Board (process, forms, etc.) at the website for the California Department of Industrial Relations.

FYI: California Labor Code section 2802 provides as follows: (a) An employer shall indemnify his or her employee for all

necessary expenditures or losses incurred by the employee in direct

consequence of the discharge of his or her duties, or of his or her

obedience to the directions of the employer, even though unlawful,

unless the employee, at the time of obeying the directions, believed

them to be unlawful.

(b) All awards made by a court or by the Division of Labor

Standards Enforcement for reimbursement of necessary expenditures

under this section shall carry interest at the same rate as judgments

in civil actions. Interest shall accrue from the date on which the

employee incurred the necessary expenditure or loss.

(c) For purposes of this section, the term "necessary expenditures

or losses" shall include all reasonable costs, including, but not

limited to, attorney's fees incurred by the employee enforcing the

rights granted by this section.

Re: Easiest way to Sue Corporate Employer for Unpaid Expenses

If you sue the corporation in small claims court they cannot remove unless they file a cross complaint. If your claim is heard in small claims court they cannot be represented by an attorney.

However, if you lose you have no other recourse. If they lose, they can request a trial anew and be represented by an attorney. Then you have to try the case over and prove your case a second time.

Re: Easiest way to Sue Corporate Employer for Unpaid Expenses

you have quite a few questions to address, in which further clarification of your facts would provide the best answers/options you seek. however, in a nutshell, small claims court appears to be your best option under the circumstances, for the reasons you stated, and for the simple reason the corporation cannot be represented by an attorney in california. however, if/when you do prevail in small claims (most likely under an express or implied contract existence to refund your monies owed, with unjust enrichment as an alternative theory), the corporation can appeal the verdict and have it retried with counsel present. so you may want to strongly consider retaining an attorney now to dig further into your factual circumstances and hopefully settle the matter out of court period. if you would like further assistance, contact us today.