Legal Question in Business Law in California

Re: labor law

You call a lawyer and immediately make an appointment to find out if there are any grounds for appeal.

Re: labor law

A proceeding before the Labor Commission is an administrative tribunal the the decision of the administrative law judge (ALJ) is binding if not appealed, although it is not, strictly speaking, a judgment. I assume you were not in court.

If the decision is by a labor commission ALJ, you probably have to appeal to the commission before you can go to court. They have their own set of rules covering appeals. You should have been given a package of rules in some correspondence, but if not, look on line.

Your right to go to court requires exhausting all administrative remedies first, including an appeal of the ALJ's ruling, if one is permissible.

If the decision affects a large sum of money, say over $10,000, you are probably better off hiring a labor attorney rather than trying to understand the administrative law process on your own. It is not impossible for an employer to handle its own labor commission appeal, but the rules and the policies they enforce are not straightforward, and there is an element of risk.

So, the first step is to determine whether you appeal to the commission or whether the matter is ripe for filing suit in court. Probably the former. After that, you prepare and file your appeal. The commission should have given you some basic instructions. If not, call or read their web site.

Re: labor law

If you decide to appeal this judgment your first step should be to consult with an attorney to find out if there is any basis for the appeal.

Second, you would have to post a bond for the judgment amount before appealing the decision of the labor commissioner. The appeal would have to be filed with the superior court in a proper venue within a specific amount of time after you are given notice of the judgment.

I have handled such appeals and will be more than happy to answer any further questions you may have.

Re: labor law

Timely appeal to Superior Court. If a corporation, you must have an attorney. If the employee, you can have an attorney, and will need one, to oppose the corporation's attorney. Either way, feel free to contact me if interested in representation, I have represented both sides as a hired gun.