Odyssey of a Wage Claim

Click to enlarge
NOTE:  If you would like to view the official case file for help with your own wage claim, then please contact me offline  for details.  I will make available my materials for a nominal fee.

Not that any further evidence is needed that the State of California is in the toilet, the above referenced image is a timeline of how long it will take should an employee need to file a wage claim against his deadbeat employer for nonpayment.  Of course, for 2010, the wait time is probably longer because the State is a lot more broke than it was last February.

Referring to the image, you can see that you will be waiting quite some time just to receive an initial hearing date.  Hopefully, you didn’t actually need the money your deadbeat employer owes you because you will probably never see it.  At least not in the short term.  Perhaps later, when the Judgment is attached as alien to his estate when the greedy, old, prick croaks, and, if the State has located all the money he has hidden from the IRS so as to avoid paying the appropriate taxes on his salary, but most assuredly not any time soon.

After the initial hearing, you will then wait several more months for the conference.  After waiting five (5) months to get the conference date, the DLSE continued mine from mid-December to mid-January.  It was awfully thoughtful to give themselves a break for the holidays, don’t you think?

Once you attend the conference, a Judgment will be rendered by the Labor Commission in fifteen (15) days, or so I was told.  Thereafter, assuming Judgment was made in your favor, the Franchise Tax Board will then go after the deadbeat to attempt collection of the debt.   If the deadbeat ignores those attempts, the debt then goes into collections just like any other debt.

Realistically, I realize that I can’t get blood from a stone, or in this case, from a deadbeat douche who not only willfully bounced my paycheck, but also, did not bother to pay state or federal taxes on my salary despite having removed them.  However, I filed the claim simply because sometimes, in the absence of having the avaricious cocksucker’s legs broken,  you just have to fight on the principle of the matter.

Update

Please see Oorah for Me for the outcome of this case.

Disclaimer:  Not all wage claims will result in judgment for the plaintiff. Retaining legal counsel is not a requirement, however, be aware that filing the claim in pro per will be challenging if you are not familiar with how it works, particularly in calculating what is owed.  Your mileage can and will vary, but if you’re going to go at it alone, then make sure you thoroughly read and comprehend the Labor Commissioner’s website on procedure.

Additionally, I am a Paralegal with previous Employment Law experience, and, am well versed in form completion, drafting and submitting wage claims. Plus I’m just one of those people that if you’re going to knock me down, then you better make sure I stay down because when I get back up, your ass is grass and I’m the lawn mower.  This characteristic helps immensely when dealing with douches who are accustomed to screwing over employees with impunity.

That my previous douche employer did not bother to respond to the Labor Commissioner throughout the course of an entire year only made the case a slam dunk for me.   Essentially, the employer slit his own throat by ignoring official correspondence that was legally served upon him.  But the Labor Commissioner would have found in my favor even if said employer had appeared at any of the hearings simply because it is not an option to whine about personal issues and use it as an affirmative defense for not paying employees.

©2009-2011 Peyton Farquhar™ and Prattle On, Boyo™. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited. Excerpts and links may be used, provided that full and clear credit is given to Peyton Farquhar™ and Prattle On, Boyo™ with appropriate and specific direction to the original content.

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3 Responses to Odyssey of a Wage Claim

  1. lena says:

    That is actually crazy! Why do you have to wait for that long? I mean do they give any reasonable explanation?

  2. Hi Lena,

    The reason is because the state is out of money – many services have been cut and employees have had to be furloughed consequently. At the same time, despite the economic meltdown, demand for services supplied by state agencies -such as the Labor Commissioner- continues to surge. My former employer isn’t the only one in the state who stiffed his employees on wages so they are backlogged as badly as the EDD.

  3. Brent Allard says:

    I hear you on the principle of the thing. When dealing with State offices, that may be all you have. By the time you get it back (if you get it back) you’ll probably have forgotten all about it. Good thing you don’t need it to pay for something now.

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