subject: Know More About Employment Law Blogs! [print this page] There are several options available to collect monies due you says employment attorney, if your employer has fired you or isnt paying you more than two weeks after you have completed your work. Several such methods, todays blog will briefly discuss. In unusual circumstances, to assure payment of monies due, there are also other avenues. Also, through a lawsuit in Superior Court if a voluntary agreement is not reached with the employer, claims for future lost wages or even wages not earned after a wrongful termination or forced resignation should be collected.
Also, against your employer, using one of these methods may result in the denial of the right to later file a claim in court. This is because binding in the Superior Courts, a loss at a lower level might be considered. That said, lets get on with employment law blog to know more about the concerned laws.
1) For claims up to $7,500, small claims court is available. Attorneys are not allowed in this process as it is very easy, filing fee is low. On an equal footing with your employers representative, that means you are going to appear in court, on your own. You believe can help win your case, bring with you all evidence and witnesses. You must give up or waive any amount above that sum, if you are owed more than $7,500 (say in back wages). To car cases, higher limits apply. You as the plaintiff may not appeal, if you lose.
2) Department of Labor Standards Enforcement (DLSE). For a simple failure to pay wages, loss of meal or rest breaks, or statutory waiting time penalties, this is probably the best place to go. Spaced as close as practicable to the middle of each of your four hour work shifts pre and post meal, under the Labor Code, your employer must give you the right to take a 30 minute meal break every 5 hours and two ten minute rest breaks. If you are not paid on your final day of work if you are fired, or within 72 hours if you quit, the DLSE will also make sure that you receive waiting time penalties of up to 30 days at your average days pay. In order to increase your waiting time penalties, you cant make yourself intentionally unavailable to get your final pay. It was clear that the company was pretending that oil field workers were actually drivers, not entitled to overtime, in a recent truck driving case in the oil-fields. The DLSE can easily hear, this is the type of case. Legal representation is a must, when your complaints, however, that you are misclassified get you fired or disciplined. These blogs are a great help for people seeking legal advice.
