Legal Question in Personal Injury in California
My fiance's former employer failed to pay him commissions due. He eventually won a case through the Labor Board. Even though the employer was ordered to pay him, they didn't. My fiance was working with a lawyer to force them to pay. Before anything materialized, my fiance ended his life, in part due to financial struggles which wouldn't have overwhelmed him if the former employer had paid his commissions in a timely fashion. I had borrowed money to help my fiance and he was going to pay me back with some of that money. I want to sue that company for creating so much stress in my fiance, and for my emotional loss. Is this possible?
1 Answer from Attorneys
No. Not paying a judgment isn't even legal grounds for the person owed the judgment to sue for emotional loss. A third party certainly had no right to sue for that. Your fiance's estate, however, is still owed the money. So if there is a probate opened, the estate administrator should be pursuing collection. If one is not open, you can open one and pursue collection of the money owed. Then you are entitled to reimbursement of your loan out of those funds. That is really the only recourse available to you against the company.
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