Legal Question in Employment Law in California
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I cared for an elderly woman and was not paid the agreed upon amount.
now she has passed how can I collect my unpaid wages?
she has children
The daughter who hired me is not disputing my claim for wages owed,
but she says she will not pay out of her pocket & that I should get it from the estate.
how do I do that? can I do this myself?
1 Answer from Attorneys
You need to find out if a probate will be or has been opened. If so, it is fairly easy to submit a claim. The Self Help office in the Napa Superior Court can help you. That said, however, if the daughter hired you, technically she owes you the money, including back pay for not paying you on time. If you don't want to pick a fight and can wait to be paid out of probate, you can still use that fact as leverage to move things along. If you are waiting too long or feel you are getting the run around, you can file an unpaid wages claim: https://www.dir.ca.gov/dlse/howtofilewageclaim.htm
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