Legal Question in Employment Law in California

My husbands employer cashed a $4,000.00 check in his name, and told the Labor Board they paid him in advance. My husband never knew about the $4,000.00 check until the hearing at the Labor Board. Long Story short, we have contacted the Bank & Authorities. As of yesterday, the Detectives are finally actively pursuing this case. My question is, do you think I need an Attorney to get all the money owed to us, or wait for the Courts to do it? I don't even know what we can ask for since they cashed the check in his name. In addition, the Labor Board said they need to pay additional penalty fees of $ 100.00 per day, not to exceed 30. Are there more damages to collect after months of no pay?

Asked on 9/24/09, 7:45 pm

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

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Generally, all an employee can get from the Labor Board are the wages owed, plus penalties and interest. Whether it is worth hiring a lawyer for, depends on how much is at stake. Most lawyers do not take small cases on a contingency fee basis, so it may be counter-productive to hire one, unless your husband is so nervous he does not think he will do well without representation. If so, shop around and talk to as many employment law attorneys as possible to find one he feels comfortable with and can afford.

Answered on 9/24/09, 7:56 pm

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