Legal Question in Employment Law in California

The statute of limitations that govern how much time you have to file gives you 4 years on a written contract. So you should have enough time to sue in Superior Court limited jurisdiction filing suit either where the contract was made, the breach occurred, or the company is. Be sure to include a claim for interest from the date of the breach and any damages you suffered from not having the money [such as having to borrow money, house went into foreclosure, etc.]. See if you can still make just a wage claim with the Labor commission. It would be worthwhile to hire an attorney for 1-2 hours to tell you what issues exist as to both sides and how to handle them.

While Mr. Shers is correct about the four year limitations period for breach of a written agreement, your husband's right to prevailing wages in based on statutory law that may be governed by a different (and shorter) period of time. Plus, because his claim is statutory, he may not be entitled to "consequential damages" (cost of borrowing money, etc.) He would be entitled to statutory penalties and interest, however.

Much also depends on the type of job (state or federal?) and whether your husband alone was not paid his prevailing wage,or whether that violation affected other employees, in which case you might consider a class action-type lawsuit.

I am a appellate law specialist, and I have experience in appealing prevailing wage casesI work closely with one of the most experienced prevailing wage attorneys in California. If you would like a further consultation, please call my office: 310-284-3184 or (800) 988-4807

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