Legal Question in Employment Law in California

Former employer want to seek damages under CAL Labor code 2865

When she did not pay me upon termination- i advised her of her legal responsibility that she had to pay same day. she did not pay me for all my hours and has now sent me a letter advising that she is seeking damages under Cal Labor Code 2865! I was hired on with no training, or guidance, and she is now accusing me of negligence! Please tell me she has no legal recourse and I can file a complaint with the labor board. She is penalty time now, because of her lack of payment. Lets put it this way, she is in the legal biz, but not an atty.


Asked on 8/07/08, 2:50 pm

1 Answer from Attorneys
Steven Miller Steven L. MIller, a Professional Corporation

Re: Former employer want to seek damages under CAL Labor code 2865

file your claim. Unless you caused damage to your employer, and was "guilty of gross negligence", your employer must indemnify you for all losses incurred in conjunction with the discharge of your duties.

Ask the labor board for the wages owed, plus waiting time penalties for up to an additional 30 days pay for her not paying you upon discharge. For further information, including a list of labor board offices in your neighborhood, and the filing claim form, visit www.californiawagelawyer.com

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Answered on 8/08/08, 4:21 pm


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