Legal Question in Employment Law in California
Class Action Law Suit
I, along with about 120 other people worked for a marketing firm in the Palm Springs area that had been around for 15 years. 3/16 everyone was laid off. I was left a message by phone since I happened to be taking a personal day. We expected to be paid final checks on the 19th. They didn't pay us until 3/26 and then all checks were short. They still owe us vacation time. To this date we haven't been paid. They're waiting for the sale of some buildings but in the meantime have opened up business again and have some employees. I am pulling people together for a class action suit. We were never given any notice or severance or timely final paychecks. Now we're mad. Some of us have filed wage claims with the Labor Commission. What else can be done?
3 Answers from Attorneys
Re: Class Action Law Suit
Filing actions with the DLSE (Labor Commissioner) is one avenue to pursue. You could also consult with an attorney about a class action for waiting time penalties, vacation pay and WARN Act violations.
One potential problem in recovering the monies owed may be alack of capital to make payments. You may very well need an attorney to negotiate payments on behalf of all employees.
Please feel free to contact our office to discuss your situation.
1-800-447-5549
Re: Class Action Law Suit
Nothing. If they closed, and opened with new corp status, they are dead to you. Stick to the Labor Commissioner unless you just want to spend money on such suit on principle. If they are the same corp, contact me, as then you have a chance to recover and I would be happy to help you.
Re: Class Action Law Suit
What else that can be done is to file a class action against the new company and/or its founders. You are entitled to recover vacation pay, just as you are entitled to recover wages. Your vacation pay became your property when it was due (when the old company shut down). If the new company is, for example, simply an entity created by the former owners to avoid liability, a fraud action may exist as well as a potential action for conversion (the civil law equivalent of theft). Our firm handles only class action wage matters and would be happy to advise you further in this matter. (510) 891-9800
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
