Legal Question in Disability Law in California

I know someone who suffers from autism but his case isnt severe enough to stop him from living a productive and happy life, for now hes living with his father and stepmother. My friend now 27, sometimes works all day even all week and never receives any income. It is all handled by his boss and his father. Who says hes saving it for him. For some reason my friend(autism) is unable to work out a payment plan after all the work he does. Is he being taken advantage of? Does he have any rights?


Asked on 2/11/11, 4:57 pm

2 Answers from Attorneys

Robert F. Cohen Law Office of Robert F. Cohen

Thank you for stepping in on his behalf. Your friend is entitled to payment of his wages, unless he signed over his rights for direct payment to his father. He might discuss the situation first with his father, and second with the Employment Development Division (EDD) of the State Labor Board. The employer might be liable for up to 30 days of waiting time penalties per pay period and, if your friend gets an attorney, attorney's fees. Speak with an employment lawyer in your area. Persons with disabilities are entitled to enjoy all of their rights.

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Answered on 2/11/11, 7:33 pm
Terry A. Nelson Nelson & Lawless

Bad and complicated situation. If he is capable of working, he is entitled to be properly paid for his work -- period. Since he is not receiving the pay, he doesn't know if the employer is properly paying for all the time worked. Since he has not been getting the money, he could bring a claim for unpaid wages with the CA Labor Commissioner, which would force the employer to disclose to the Labor Commissioner and the son what has been happening. He needs to force all the parties to resolve the problem, either by that claim, or maybe by having an attorney force this situation. The Labor Commissioner will do so for free. I am worried that the father is not keeping the money in trust FOR the son. If not, then the son might have to take legal action to recover it. If the son is serious about hiring counsel and getting legal help, have him contact me.

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Answered on 2/14/11, 11:09 am


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