Legal Question in Employment Law in California

Re: boss won't pay my wages

In classic parlance: "sue the bastard" in civil court rather than waiting for the Labor Comm. Filing suit may get him to pay, rather than have to hire an attorney. That way, when your credit card Co sues you, it can be made part of your action [which will also take many months before getting to trial]. I don't know what to tell you, but attorneys have to earn a living too, and litigation is costly.

Re: boss won't pay my wages

Haven't the police in your community heard of larceny, fraud and embezzlement? There's more action and collar opportunities out there than just DUI and drugs. Drop by the station again and tell them to check out PC476a (bad check), PC470 (forgery) and PC484/PC487 (grand theft). Theft can include theft of your services. If your boss isn't an authorized user on your corporate card, he would have had to sign your name, so it could be forgery, not to mention theft again. There's probably a few other charges they could come up with over donuts and coffee if they really try.

Try dropping by again to see the officer in charge of the bunko squad. You might want to even bring copies of these statutes, and a box of krispy kremes. If that doesn't work, go to the local DA's office and demand that this guy be investigated.

As to the corporate card, you are only liable for up to $50 for its unauthorized use. Dispute the bill in writing under the credit card holder's procedure and don't pay it. Demand to submit an affidavit of forgery to the credit card company. If his signature was unathorized, they are supposed to go after him, not you. Just because it was mailed to his business address does not necessarily make him an authorized user. You may have a good chance to beat them on that. You didn't say how he got his hands on your card. If you gave it to him, the credit card company might try to defend on the grounds you authorized it's use. But, if he wrongfully took it, you should be in good shape.

Re: boss won't pay my wages

I meant to also comment specifically on the retirement check. Unless you are a "select manaagement or highly compensated employee" participating in a written, unfunded "top hat plan", all pension benefits must be paid through a funded trust or annuity contract. This is mandated by a federal law called the employee retirement Income Security Act of 1974 (ERISA). So, that check very possibly shouldn't have come from the employer at all, but from some trustee or insurance company. So, you may be able to take that part of the bounced check complaint to the US Dept of Labor, Employee Benefits Security Administration. If enough money was involved with that check, this could turn up the heat on him.

Feel free to e-mail me at [email protected] if you have further questions.