Legal Question in Employment Law in California

I previously worked for a busy attorney as a meal planner/nutritionist. I found the position on craigslist and do not own my own business. My schedule became very busy and I had to resign. It has been 6 weeks and I have yet to recieve pay from this person. I have sent multiple e-mails and he continues to say he will pay me soon. Is there anything I can do to speed up this process?

Asked on 12/24/12, 2:00 pm

1 Answer from Attorneys

Charles Perry Law Offices of Charles R. Perry

Assuming you were an employee, you could file a claim either before the California Labor Commissioner or in small claims court. Again, assuming you were an employee, you could claim penalties under California Labor Code Section 203 in addition to the wages you are owed.

If you were an independent contractor, your only remedy lies in small claims court. You might be entitled to prejudgment interest, but not the penalty under the Labor Code.

Best of luck to you.

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Answered on 12/25/12, 12:52 am

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