Legal Question in Employment Law in California
Promised Pay
About 6 yrs. ago I went to work for a man that owed a bar rental house and 24 spot trailer park. At the rait of 15.00$ an hour plus free rent and utilities as well as a 5,000.00cash bonus when he sold the property. For the first 3 yrs. i worked very steady at cleaning this place up------an average of 8 hrs a day 5 days a week. For a 3yrs total of 93,600$ And then over the next 3yrs I only averaged about an hr. a day for a total of approxamently 780.00 $for a grand total of 93,600 + 780 + 5,000=99,380.00$. This has been a major part of my life, as I am now 45 years old. Now the owner is accusing me of stealing little things such as a floor jack, came to my trailer today and told me and my lady what a pice of shit we were. And that we were evicted and to get out and procededed to then turn off all the parks electricedy. I devoted a lot of time to this man and his park and feel i should be justly compensated.. WWhat do you think I should do?
3 Answers from Attorneys
Re: Promised Pay
First, with respect to the eviction, you cannot be evicted with such notice. Call your County Bar Association and request either legal assistance with a housing issue (if they have a legal clinic) or a referral to an attorney experienced in handling such issues. Bring with you any rental agreements that exist.
Secondly, regarding your "pay," do you have a written agreement as to your rate of pay, the hours to work and the alleged "bonus?" Also, did you record the hours you worked in any way? i.e., a diary, time sheets, etc.? You need some method by which to prove your agreement for payment and the hours that you worked. If you have no written agreement you will need testimony from witnesses (not your wife or kids) as to the hours that you put in around the property.
Re: Promised Pay
If you can't resolve it with him, then hire an attorney to help you in filing and pursuing a claim with the Labor Commissioner for the unpaid wages, interest and penalties. You have to prove the agreement, but your attorney can help you organize that. The attorney will also have to help you defend the eviction, or resolve it. He can evict you if he does it correctly, so don't assume you will be able to stay there.
Re: Promised Pay
It isn't clear from what you wrote whether you were ever paid anything, other than free rent. I agree with my colleagues that, legally, they can't just put you out without following the proper legal process.
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