Legal Question in Employment Law in California

I recently went to a California Labor Board office meeting to get a past employer to pay me what he owed me. My employer came into the meeting with information that he prepared stating that I was an independent contractor and that the DSLE did not have jurisdiction to hear my case. I contended that he was use the law against me in order to evade paying me and that they indeed had jurisdiction. I was aware of the subtleties in the debate about employees vs. ind. contractors and argued that it was at least worth being heard by a judge to make the determination. A couple weeks after the hearing, I received a denial letter based on jurisdiction. Is there a way to appeal that decision and have my case heard? I cannot afford a lawyer or the time to process a court case. My former employer owes me approximately, $25K.


Asked on 3/01/11, 8:49 pm

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

You can waste your money on appeals, or you can sue the employer, whether an employer or an independent contractor. If serious about doing so, feel free to contact me to discuss the case, facts and costs of doing so.

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Answered on 3/02/11, 12:43 pm

The appeal of a DLSE decision IS a court case. If you cannot afford a lawyer and the time to process a court case, you must be able to afford to give up the $25K.

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Answered on 3/04/11, 8:52 am


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