Legal Question in Employment Law in California

appeal labor commissioners decision

took employer to labor board for unpaid wages. wages i did receive never had taxes out. said he was in the process of setting up payroll system. has illegals working, pays them cash. no work comp insurance. promised to catch up my pay after bills were pd. never happened. months of begging w/no pay i quit going to work. he didnt understand this. i said when he pays me ill return. finally i went to labor board. to labor commis.he denied i was ever an employee. then when i was explaining pay arrangement we had both agreed to, he said he never agreed to $1,000 wkly, but had agreed to approx $700 when he hired me. lie after lie, caught by the commis.all is on tape. said i stole his truck. i took MY truck, title etc. is in my name. he has/came with nothing, no proof of anything. i came with box of all kinds of proof, i was employee etc. labor commis. didnt care, took his word for it that i stole whatever, even tho i had proof truck is legally mine and me stating i took nothing of his. commis said to me ''look boyfriend, this case has unclean hands you can try to appeal if you want to''. she was totally supporting employer for everything & cared nothing of what i said at all. this is wrong. can u please help??


Asked on 6/30/03, 5:14 pm

1 Answer from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: appeal labor commissioners decision

Thank you for your posting.

You do have the right to appeal a labor board decision. In California, the appealing party must file a bond for the full amount of the judgment, and the appeals process is done, de novo, in a superior court department, hearing evidence fresh, and without input from the original hearing officer or regards to that decision.

Our office can help you with this, but the timelines to do this are strict, so you should act quickly if you want to appeal.

I hope that this information helps, but if you have further questions, want more information, or feel that you need legal representation, please feel free to email me directly at [email protected]. I am happy to help in any way that I can.

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Answered on 7/01/03, 6:13 pm


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