Legal Question in Employment Law in California
Should I hire an attorney and sue in Civil, or file in Small Claims and waive th
When my employment was terminated, my employer failed to provide thirty days written notice, which was a stipulation of my employment, and guarenteed in writing. My employer withheld my final paycheck, refusing to pay me my salary untill I signed an agreement not to sue for wrongful termination. When I refused, I was then offered an additional 30 days pay in-leiu-of-notice. I accepted, but the check I received was missing my regular salaried wages. It was only for ''30 days severence plus vacation''. I was told by the Dept. of Labor, that my only remedy is to sue in civil court. The salary I am owed, plus penalties is roughly $8500.00. Should I hire an attorney and sue in civil, or should I just file a small claims case for $5000.00, waiving the difference? Wouldn't I end up with the same amount?
2 Answers from Attorneys
Re: Should I hire an attorney and sue in Civil, or file in Small Claims and waiv
Rather than small claims court, you would be better served to file a claim with the labor commissioner. The labor commissioner can hold a hearing, determine the facts and then issue a decision, which will become a judgement if not appealed by the employer. If the employer does appeal they must post a bond for the amount of the award so if they lose the appeal, you get your money.
An alternative is to retain counsel however, because of the small dollar amount involved, it may be difficult to interest a law firm to pursue this matter, even with the possibility of an award of attorney fees.
Re: Should I hire an attorney and sue in Civil, or file in Small Claims and waiv
File with the Labor Commissioner for unpaid wages, interest and penalties. You can hire counsel. Contact me if interested in discussing facts and fees, they are reasonable.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
