Legal Question in Employment Law in California

Basically, an employment relationship is determined if the other person has direction and control over you; if son, threes is an employment relationship and not independent contractor. The CA Labor Code entitles a terminated employee to waiting time penalty damages equal to that employee's daily wage, for a period of up to 30 days. So your unpaid, past due wages plus waiting time penalties may exceed the maximum recoverable $7,500.00 max that you can be awarded in small claims court. But, then I would advise you to consult with an attorney. You can find an employment law attorney through CELA (California Employment Lawyers Assn.) I hope this helps. Bob

If you were in fact an employee, your former employer�s legal violations may go beyond failing to pay you wages and overtime; you may also have been terminated in violation of public policy. It is unlawful for a California employer to retaliate against or terminate an employee for filing a complaint with the Labor Board. If an employee is able to prove that he or she was terminated in retaliation for complaining to the Labor Board, he or she is entitled to damages for lost wages, emotional distress, and possibly punitive damages. A claim for wrongful termination can be brought in conjunction with the claims for unpaid wages and overtime. Therefore, as you can see, the damages you may be entitled to are potentially far greater than those available in a small claims action. Therefore, you should consult with an employment attorney. Feel free to contact our office at (213) 536-4236, email us at [email protected], and/or visit our website at www.sarnofflaw.com.