Legal Question in Employment Law in California

Collecting Penalties From Employer due to a wage claim

My former employer paid the final paycheck once notified from the california dept of labor. He only offered to pay two days as far as penalties go. I did not agree to that. He took two months to pay my last week of pay. We did have the conference with the dept of labor. Awaiting notice for hearing date. Just curious would it be smarter to get an attorney now or wait to see what happens. From what I read it's really the employee who has to push getting the penalties. If it is a law why doesn't the department of labor do more to collect. My former employer is a physician/surgeon.

thank you

lisa


Asked on 9/09/08, 8:32 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Collecting Penalties From Employer due to a wage claim

Courts and agencies like the Labor Commissioner do NOT collect your judgments for you; it is up to you to do so. Whether you hire an attorney is up to you. If you feel competent to litigate your claim against the employer's attorney in the Labor Commissioner proceedings and then in Superior Court at trial, then do so. However, if there is enough money at issue to justify paying counsel, then I recommend you do so. If all you are litigating is the penalty and interest, that is an economic decision to make. Feel free to contact me if you decide to get counsel to help you.

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Answered on 9/11/08, 1:17 pm


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