Legal Question in Employment Law in California
Can a unlicenced worker in California take me to labor commissioner for unpaid wages. I hired a licenced contract that later i found out was not licenced. He had is worker complete a concrete job, got paid but may have not paid his workers. Hence the claim. The form states there was an oral contract of $300 a day. i have receipts which were paid to the unlicenced contractor. does he have a case?
2 Answer from Attorneys
The California Labor Commissioner's office handles disputes between employers and employees. If it is your contention that the person who made the claim against you was not your employee, be prepared to present evidence to show he was employed by a subcontractor. If there was no employment relationship, the Labor Commissioner does not have jurisdiction and will dismiss the case. However, this would not prevent the laborer from filing a subsequent claim against you in small claims court for breach of contract. Whether or not he could prevail depends on the facts of the relationship, which is beyond the scope of your question.
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