Legal Question in Employment Law in California

Re: Court hearing against ex-employer for money owed and withheld.

It is difficult to advise you on the basis of the information provided. However, if you haven't done so already, you may want to document your claims in the form of correspondence to your employer, setting forth your version of the events, conversations, and obligations on which you intend to rely. If your employer fails to reply by refuting your statements, you may be able to argue that his silence was an admission that your version is true. If your employer replies, you will have a document which ties him down to a particular defense for which you can prepare a reply when you sue.

Re: Court hearing against ex-employer for money owed and withheld.

I would consider carefully as to whether you should be filing your claim at the Labor Commissioner rather than "Court". You will have the assistance of the Labor Commissioner to help in analyzing the merits of your case and the proper claims available to you. For example, you may be entitled to waiting time penalties (up to 30 days additional pay), which can be requested by checking a box on the claim form. If you are not aware of your rights and do not properly place such issues before the court, you may loose remedies that are available to you. In any case, if you do proceed to court, you will be entitled to an award of attorneys fees if you prevail - so you may want tro consider using experianced wage & hour counsel to represent you.