Legal Question in Employment Law in California
To Whom It May Concern,
I worked for a specialty retailer that operates 800+ stores across the US. I was a Store Manager, non exempt for almost 2 years. In April, I filed a complaint with the labor commissioner for failure to pay meal premiums, rest breaks, and waiting time penalties. I also worked off the clock.
In July, I had my first hearing with the Labor Commissioner to see if my case had merit, the Labor Commissioner sided with me and I have another hearing in November. I've taken myself 1/2 way there and would like legal counsel to ensure I get everything I am owed.
If I win my case, and the defendants appeal and I need to get an attorney, who will pay my attorneys fees?
Should I get an attorney to represent me at the hearing? If I get an attorney, do I need to be present? Im not on my way to graduate school internationally and it would be a great help to have representation present on behalf of me.
Do lawyers work off a contingency fee basis on these types of things?
2 Answers from Attorneys
Congratulations for getting this far. But I do suggest that you retain an attorney. California's Labor Code entitles prevailing employees in some actions to an award of attorneys fees, in an amount determined by the court, to be paid by the employer. This would include fees for the appeal as well. For this reason, nearly all plaintiff's attorneys in these kind of cases work on a contingency fee basis, and often payment comes from the defendant by court order or terms of settlement.
I am an appellate law specialist who handles cases such as yours at all levels, including appeals, and I work with a team of attorneys who do so as well. I would be happy to discuss with you the particulars of your case. I handle cases throughout southern California. Please take a look at my website for more information: www.FoxAppeals.com.
Yes, if you win your administrative hearing and the employer appeals, you are entitled to your attorney fee award for ALL the fees you have incurred, from the beginning of the case, not just on the appeal, if you win the appeal trial. If serious about getting counsel in this, feel free to contact me to discuss your facts, evidence, etc.
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