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FAQs--Employees:
Do I have a case?
Our office offers free telephone consultations to determine whether
we can represent you as to any wage and hour claims you may have.
Should I pursue my wage claim in court, or file a Labor Board claim
instead?
This question must be answered on a case-by-case basis.
In some cases it is better to file a civil action in court
instead of a claim with the Labor Board because you can recover
damages going back farther in time, and for more kinds of Labor law
violations, than would otherwise be available to you in Labor Board
administrative proceedings.
Civil lawsuits also have the advantage of allowing you to take
depositions and conduct other forms of discovery to obtain from your
employer the documents and other information you may well need to
prove your case. Labor
Board proceedings, on the other hand, do not allow such prehearing
discovery, i.e. you cannot take depositions or make your employer
turn over all the specific information and documents you need prior
to the hearing to prepare your case.
Since it is the employer, and not the employee, who usually
possesses, and has easy access to, all the relevant documents and
information, the lack of prehearing discovery rights usually
benefits the employer and hurts the employee.
Litigation costs also factor into this decision.
Large claims often warrant filing in the civil court system,
because the employer will likely vigorously defend the case, with
legal representation and sole access to many critical documents and
other information which you need to be timely obtained through
discovery, which you can conduct as a matter of right only if you
initiate your case in civil court.
Also, there are several provisions in the California Labor
Code which require your employer to pay your costs of litigation
including attorney’s fees if you prevail. However, the streamlined
Labor Board administrative claim system can provide a good
economical alternative to civil litigation, especially for smaller,
straightforward claims, or claims which do not extend beyond the
smaller scope and time frame limitations of that process.
But if your claim is too small to warrant filing in civil
court by itself, and it is similar in nature to claims of other
present and/or past coworkers at your company, your claim might best
be pursued in a class action suit.
Doing so permits you and similarly situated employees to join
forces and make it possible to give your otherwise small claim the
large claim treatment it deserves.
The bottom line is that choosing between the Labor Board and civil
courts is a complex decision that cannot be answered “yes” or “no”
easily. Discussing your
options with a lawyer first is a good idea.
Do I need to act promptly?
California statutes
of limitations (claims filing deadlines) work to diminish or bar any
legal action to collect the wages you are owed.
As determining the various claims filing deadlines applicable
to your case, and how they affect your case, is often a complex
task. Also, because witnesses and evidence can be lost by
delay, it is best to get your case evaluated now and decide whether
or not to pursue it, as opposed to putting it off until next week,
next month, or next year.
My employer says I am an exempt employee.
Is that true?
California law, including the state Wage Orders, sets forth the
criteria which must be met for your employer to classify your job as
exempt and not pay overtime, not permit meal
and/or rest breaks, etc.
Should I pursue federal law (FLSA) wage claims?
State laws do favor employees more than federal laws in many
respects, but federal laws sometimes offer greater protection, i.e.,
larger penalties for certain violations.
Consequently, it is a good idea to consider the possibility
of bringing federal claims against your employer.
Are there pertinent considerations unique to my particular job, such
as a commissioned sales person, security guard, computer related
occupation, or driver?
In many cases, yes. Please contact our
office to discuss the particular circumstances of your job, as the
above are just a few of the numerous, specific employee positions
involved in civil actions which we are presently handling and/or
have already recovered unpaid compensation and statutory penalties
for our clients.
The telephone consultation is free, and we will tell you if
we can accept your case on a contingent and/or statutory fee basis.
Many of my co-workers have the same issues.
Can this be pursued as a Class Action?
Under some circumstances, yes.
Your case may be suitable for bringing as a class action if
the claims of the class workers are similar, and if the parties and
the court would save time and money by hearing all the similar
claims in one proceeding.
We can address that possibility as well in a no-charge
telephone consultation with you.
When in the process do I hire a lawyer, as opposed to trying to
resolve the case myself, and how do I choose a lawyer?
When you receive notice of a claim, or service of a lawsuit, or
merely a demand letter, do not try to resolve it yourself.
The first thing to do is to obtain a knowledgeable assessment
of the situation, including your realistic liability exposure, so
you can respond in a tactically wise and cost-efficient manner.
That means immediately consulting with an attorney
experienced in labor law and litigation. There are plenty of ways
you can make a good situation bad, or a bad situation worse, if you
self-represent.
When hiring an attorney, you should consider speaking with at least
two attorneys before making your final hiring decision.
Compare the general defense approaches, principles and
strategies they outline to you, and see which best suits your goals.
It is worth spending the additional time and effort involved
in interviewing more than one attorney, before choosing your lawyer.
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