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 don’t have any written employment agreement. Should I just assume that means I cannot make a claim for employee wages because I can’t prove I worked for the employer?
A. No! In fact, since the employer is only allowed to “pay” a manager (in whole or in part) with discounted or free rent if there is a written voluntary agreement calling for such a credit, your employer may not take any credit against wages you are owed for rent. Their failure to give you a written agreement only helps your case.
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. My employer insists that I am an independent contractor and therefore not entitled to the protections of the Labor Code and the Wage Orders. Is that true?
A. Almost never! Unless you run your owned licensed management business, manage several buildings for different owners, and have absolute control of when, where, and how you conduct your business, you are NOT an independent contractor. And in over 20 years representing resident managers, we have yet to find a single one who qualifies as an independent contractor. And that includes some in which a written agreement refers to the employee as an independent contractor!
Q. I never was required to submit time records to show the number of hours I worked. Am I out of luck in recovering unpaid wages?
A. No! The law requires the employer to keep track of your hours. If they do not do so, you need only demonstrate the number of unpaid hours by making a good faith estimate of the number of hours you worked. Then it is up to the employer to prove through admissible evidence that your estimate is not accurate…an almost impossible task.
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 $500.00. We handle these cases on a contingency basis. That means that while we may ask you to show you are serious about pursuing your wage claims by asking you to deposit the first $500.00 towards the “costs” like the filing fee, 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.
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.