Legal Question in Employment Law in California

We have a small business sometimes 2 employees and sometimes more. We did some work that required Certified Payrolls, someone went to the Labor Board said he was underpaid the Labor Board, now they say we owe $165,000 to all the employees even though we have signed daily time cards showing what they worked. I know I am not going to win this cause that's just the way it goes but is there someway to negotiate the amount and some how make payments? If I can't I will be out of business and on the streets.


Asked on 4/08/10, 9:47 am

2 Answers from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Of course, there is a way to negotiate a settlement but the terms will depend on many factors, unknown here, and on the skill of your negotiator. I'll spare you the lecture on the importance of having competent legal counsel who could have prevented you from being in this position in the first place, but don't spare the cost to help you negotiate a workable settlement. If this matter has not gone to judgment yet, you will need someone to assess any defenses you may have and the value of your employees' claims. There also may be incentives for the employees to want to accept a guaranteed partial settlement than risk not being able to get anything at all if you are put out of business.

You really should interview lawyers in your community who represent employers and retain someone you can afford and with whom you feel comfortable with.

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Answered on 4/13/10, 10:02 am
Terry A. Nelson Nelson & Lawless

Everything is negotiable. Their claimed amount is for 'leverage'. and to scare. The stronger your facts and defenses, the better the outcome for you. If serious about getting legal help, feel free to contact me. I've been doing labor and employment cases for over 20 years.

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Answered on 4/14/10, 3:36 pm


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