Legal Question in Employment Law in California

BACKGROUND:I've been working for my boss (began assigned duties, POST-interview & verbal offer./arrive & leave at times determined by her./carry out all requests./DO NOT punch in or out./boss NEVER produced I-9 etc nor written contract of employment though they were requested on 5 separate occasions.

ISSUE: A1) As of my first day on job-I've performed to her satisfied standards for 8 weeks, fulfilling ALL assigned/additional duties without receiving pay (wage was agreed upon after she chose me.) B1) Boss called suddenly to explain that she'd be away internationally to procure goods for art gallery. & that I'd be paid PRIOR to departure B2) Having not received my pay, I made several attempts to reach her via phone, text, email-even showing up at gallery in person- NO LUCK. C1 After having to force her asst. to give me boss's direct line, found out she'd left, leaving no check/cash/pay at all & was now in China for several weeks. D1). Though we had no written agreement, the wage, hours (which she insisted I keep track of/workdays, duties, payday frequency WAS explicitly discussed.

PROBLEM: it's been 9 weeks, I have heard NOTHING from her except being told her associate would meet me & give me my pay-associate never showed.

ADDL:1) after researching official online CA Labor Commission website guidelines I found that total owed to me (including fees, employer penalties, etc) was 1900$

2) situation fit EVERY qualification that put me in the "right", her in the "wrong."

3) I had to take a loan out (w/ fees assessed to pay rent.(She was told I would have to do that if not paid)

4) Pay had been set as bi-monthly by boss from beginning.

5) I accepted $500 of the $800 I was due in wages (the commission "cap" I found on the ca.gov calculator being much higher-$3600 ABOVE the $500 I accepted, (making sure NOT to sign ANYTHING, much less a "satisfactory pmt clause/document.) from a different associate weeks after first didn't arrive (& only after Much cajoling & a promise to sue all involved if I were not paid by a certain date.)

6) Was apologized to by boss upon later arrival.

QUESTION: Since website states that I am STILL (months later,) entitled to "wages + punitive fees," i.e., $4100 TOTAL, SHOULD I STILL GO AFTER HER FOR THE $3,600 difference? & if so, how/who/which type of lawyer shall I seek out?

*(Her negligence, voluntary lack of due diligence as "employer" (as defined by commission,) created the financial hardship of having to borrow fee-based monies just to keep rent paid, for which, i have paid out of my own pocket since)


Asked on 4/05/14, 9:38 am

1 Answer from Attorneys
Kristine Karila Law Office of Kristine S. Karila

Call an employment law attorney to discuss. Many of us offer a free initial phone consultation. When you speak to an attorney, keep the facts concise. The background info is probably not necessary and just complicates the ISSUE of nonpayment of wages. You will need to provide the dates you worked, rate of pay, due date of wages and when you received pay, the amount of wages due. The attorney can calculate any applicable penalties.

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Answered on 4/05/14, 11:20 am


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