Legal Question in Civil Litigation in California
RE Labor commisioner hearing, former employer lied under oath
The labor commisioner already awarded my over $15,000 in unpaid overtime. There was a question over a verbal agreement I had with former employer. Our agreement was he would pay half of an auto repair bill, I would pay the other half. (that is when the commis asked if there was any civil litigation regarding this, I said as far as I know, there wasnt, the emplyr said no.he lied he had already filed in small claims 2 days prior) He now claims I was to pay the whole bill. (even tho in the hearing and on tape, emplyr kept saying ''her half-my half'' the commis told him that he a had just acknowledged that we had a 50/50 agreement..he said that wasnt what he meant)I honored my agreed upon obligation but he is once again going after me for his half of the obligation..I have him lying under oath about filing small claims and his admitting there was a 50/50 agreement. - I filed a counter for harassment, filing continual & frivilous suits (3 on this 1 issue) emotional distress,etc. Is this viable or will I just be blowin smoke??
2 Answers from Attorneys
Re: RE Labor commisioner hearing, former employer lied under oath
I need to look at your whole case, as I have no idea whether you are even on the right or wrong track.
Best,
Daniel Bakondi, Esq.
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Re: RE Labor commisioner hearing, former employer lied under oath
I am unclear as to the current problem. As I understand it, you have a Labor Commissioner award of $15,000. If this has not been appealed, it is an enforceable judgment.
There is an auto repair bill, for an unspecified amount. You have paid half of the bill, and the employer is suing you in Small Claims court for the balance?
Do you have a copy of the tape of the hearing before the Labor Commissioner? The Small Claims judge will want to hear it.
It sounds like you have a valid claim for abuse of process. Just lay everything out before the Small Claims court -- especially the labor commissioner hearing tape and the award.
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