Legal Question in Civil Litigation in China
Unpaid wages from China Headquarters
I work for a subsidiary in the U S, with the ''headquarters'' and CEO in China. The company laid me off claiming there were no wages to continue to pay me; yet all Asian co-workers continued to be employed until the company closed the office in the United States. Later, they filed with the Secretary of State to do business under another entity offering my position on the Internet. Then, I find that they attempted to do business under the name of a company that was dissolved. Lastly, I find that the CEO is conducting shareholder meetings in China and has promoted one of the co-workers to an executive director's position. I have filed claims with the Department of Industrial Relations' Labor Commission and the Dept. of Fair Employment and Housing. If the company/CEO are located in China, how can I get assistance in getting the unpaid wages due me if I can't afford an attorney?
2 Answers from Attorneys
Re: Unpaid wages from China Headquarters
My advice is you persue your current remedies and see how they play out. You may have a claim that a lawyer will take on contingency. Feel free to contact this office if you have any further questions.
Have a great day-Martin
Re: Unpaid wages from China Headquarters
You will have to find an attorney who will take your case on contingency. That means that the attorney will be paid out of the award, probably at the rate of 40%. You will have to prove that you were unlawfully terminated in order to be awarded lost wages. To prove wrongful termination you will have to prove that the company only fired you because of your race, and not for any other legitimate reason. Even though you were fired and the Asians were not, even the Asians were fired when the company closed down its US office so the most you could recover would be the wages you would have earned between the time you were fired and the time the US office closed. The fact that the company later advertised for your position does not prove that they intended to defraud you of your position. They will argue that it was a business judgement on their part to do away with your position was a sincere decision and that later they changed their mind, which they are entitled to do. Based on the facts you described, I do not see a cause of action here.
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