Legal Question in Employment Law in California
I had an employer who illegally took $200 out of my paycheck, and has not returned it. I need to send him some sort of demand to pay. I want to take him to small claims, but will that court honor the penalty (full days pay for every day the amount is not reimbursed, up to 30 days), set forth in the Labor Code?
3 Answers from Attorneys
The court is supposed to follow the law. You can help educate the judge who decides your case by preparing a trial brief which is a brief memorandum of the law that applies.
If you are owed wages, you could file a claim with the local Labor Commissioner office.
Us old lawyers, me and Terry, remember when it was called the Labor Commissioner. Now a days it is called the Dept. of Insustrial Relations, Division of Labor Standards Enforcement. They have a web site, and I think you can even file your wage claim online these days. Ain't the 21st Century grand? But I'm still waiting for my flying car!
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