Legal Question in Employment Law in California
My friend "Ben" was and employee at a Postal Annex in 2005 and 2006, and several of his pay check bounced. Ben claims he is owed $20,000 approx, and has some but not all of the bounced checks, statements, and punch sheets. He is friends with his employer's family so hasn't taken legal action thus far. Now Ben is going to school and needs the money. What can he do?
2 Answers from Attorneys
Unless your friend "Ben" has a written contract, which permits lawsuits within 4 years of its breach, he is out of luck. He should have taken legal action within 3 years of the date the money was due him. Otherwise the statute of limitations has run. "You snooze, you lose."
Probably way too late to take legal action on any but a small most recent portion of the debt, but try to file a claim with the Labor Commissioner. If they accept it as 'timely', then he can consider hiring an attorney to help.
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