Legal Question in Employment Law in California
Claim against employer who hasn't paid employee for a year
I am a sales professional who works out of a home office in San Francisco for an employer whose Headquarters are in Utah. The company has not paid employees salary, commissions, expenses etc... for over a year because of lack of funds. Nor have they contributed to our Flexible benefit accounts although they have taken deductions from our paychecks that they should have used to pay for such benefits. They have repeatedly misled employees, customers and partners regarding their financial status in order to keep employees working and to keep customers and partners from going to competitors.
I have filed a claim with the DOL whom can't see my case for another 5 months becasue of high case loads. I need to know what options I have in order to file a lean against said employer. And what is the possibility of pursuing a Director's lawsuit to file a claim for loss income and damages. If it is not financially suitable for an attorney to take on this case then what course of action can I take to recover the money that is due.
2 Answers from Attorneys
Re: Claim against employer who hasn't paid employee for a year
You can pursue your wage claim through either the Labor Commissioner or a private civil suit. It is less expensive to use the Labor Commissioner. You should get an attorney, and generally these cases are done on some kind of contingeny basis. Call if interested.
Re: Claim against employer who hasn't paid employee for a year
I am not sure of what type of Lein you could levy against the employer, but you could certainly file a lawsuit for any number of violations as you have outlined. I recommend you speak with a lawyer to further explore your options.
Good luck-Martin
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