Legal Question in Employment Law in California
Claim of unpaid wages
My X girlfriend has filed with the Dept of Labor that I owe her 6 months wages. She lived in my home, rent free for that period. She worked some hours helping out in my store and I paid her with a direct signed check. After she moved out, I put her on payroll and she was paid by the payroll service I use. She is claiming the 6 months that she lived with me for full time employement. Neither of us used time cards as her help was spuratic and I paid cash/no deductions. Am I responsible to pay the labor board as they are fining me $54 a day until settled.
2 Answers from Attorneys
Re: Claim of unpaid wages
You are no required to pay or settle, you have the right to have a hearing on the matter before the labor board. However, keep in mind that there are several labor laws that are working against you, including one which requires employers to keep accurate records of employees, hours worked, etc. Additionally, there may be issues with your failure to withold, paying cash without deductions, etc. Based on the limited facts, and if the amount is relatively small, I would suggest that you pursue a settlement. If you have any further questions and are in the area, please feel free to contact my office.
Re: Claim of unpaid wages
contact a local attorney to represent you and get the case presented correctly. It is your word vs hers, she has the burden of proof.
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