Q. I see that your office is on the opposite end of the state from me. Does that mean that you can't represent me?
A. No! Especially with the addition of remote appearances and digital filing, we handle cases from one end of California to the other. Feel free to contact us.
Q. I never had a written employment agreement with the owner/management company. Should I just give up on getting my unpaid wages?
A. No!!!! Your employer must prove a voluntary written agreement in order to get ANY credit for free or reduced rent. So no written employment agreement actually works in your favor.
Q. I have a written agreement, but it only talks about my responsibilities, and says nothing about taking a credit for rent against what I am owed for my work. Am I out of luck?
A. Of course not! The agreement only protects the employer if it actually states at least something about rent being used against wages.
Q. I didn't track or record the hours I worked. Should I just give up on getting my unpaid wages?
A. Again, No!!! Keeping track of your time was the legal responsibility of the employer. Failure to do so makes the employee's job in a lawsuit actually easier. You need only provide a reasonable and good faith estimate (Yup...estimate!) of your average hours per pay period. Then the employer has the burden of marshalling evidence to disprove your estimate. Did your supervisor tail you all day, every day? Not likely.
Q. I left my manager position five (5) years ago after ten (10) years. Can we still sue?
A. Sadly no. The Statute of Limitations for wages plus liquidated damages is three (3) years. We go back a fourth year for wages only. The rest is sadly lost. In this instance, the entire claim is lost.
Q. The owner of my building insists I am an independent contractor and therefore not entitled to the wage protections in the Labor Code or the Wage Orders. Is that correct?
A. As we explain elsewhere, that is not correct. Resident Managers are almost always employees, with all of the protections we discuss here.
Q. I can't afford to hire an attorney. Can you help me anyway?
A. Of course! We have yet to meet a resident manager who can afford an hourly fee of $750.00. We handle these cases on a contingency basis, and we do not ask for a deposit up front. That means our fees for the services we provide wait until the case is over. And, when finishing your case, we will get our fees paid by your employer as part of any settlement or verdict! If we do not recover for you, you do not owe us for our fees.
Q. Should I file a claim with the Labor Commissioner?
A. You can, but here is what you need to know. When an employee files a lawsuit for wages, the employee, and only the employee, is entitled to have their attorneys' fees paid by the employer when the employee wins. But if you go to the Labor Commissioner, neither party is entitled to have the loser pay the winner's attorneys' fees! Because of that, most attorneys do not take cases to the Commissioner. And, to make matters worse, if there is a court appeal of the decision of the Labor Commissioner, the side which wins (either side, not just the employee!) can recover their attorneys' fees. We recommend the additional pressure the employer has facing a civil court lawsuit. Read more about Labor Commissioner claims.
Q. I don't seem to see the answer for another question I have. What should I do?
A. We are here to assist. Feel free to email us or call us with any additional questions.