Apologies ahed of time for the length of this post. I have a bunch of questions and am not sure where to start.

My fiance's son has worked for the last 6 years for a bowling alley. He has been working I believe as a employee with no benefits (I think at something just under 40 hours per week) as a machine maintenance/repair person. He has also been working with his wife at nights, for the same bowling alley, performing cleaning/janitorial services. I think the situation there is being called an independent contractor relationship, although I'm not sure it meets the legal requirements. Finally, he is an artist and performed commissioned art work (two murals) on the interior walls of the bowling alley. That truly was an independent contractor situation.

The poor guy has been working like a dog; he has had disagreements regarding pay, having had his cleaning services pay docked (as I recall it's paid by the hour) on occasion and other instances of not receiving full pay for hours worked; but he has a family with four kids and a child support obligation from another relationship, and lacks immigrant documentation (not his fault -- he came into the country with his parents as a child), and really needs the money, so he has never raised a real stink. A few months ago he either threatened to quit or his boss threatened to fire him, I don't remember which, but apparently he did resume working there.

The latest is that about 2 weeks ago, a piece of equipment he was working on at the bowling alley blew up in his face, causing disfiguring burns and the loss of vision in one eye. He went to the hospital (I'm not sure how long he was hospitalized), and the doctor instructed him to take time off, but now his boss wants him back at work immediately, and of course the relationship between the two of them has worsened. I anticipate if he doesn't continue to put out at the untenable rate he has done for the last several years, he will get fired from one or both jobs.

I'm trying to help him find a lawyer, but it's looking like he probably needs two lawyers: one for the pay issues, including overtime and the question of whether or not the janitorial services are truly independent contractor, and another one for the worker's comp/disability/vocational rehab issues.

So, here are the questions:

1. What are the potential labor law violations that he could be going after?
2. What further information do we need to decide what putative violations have merit?
3. What *documentation* do we need?
4. What's the best way to find a lawyer or lawyers for him? He lives and works in Orange County CA, and I live in Oakland. Obviously, he would need a contingency fee arrangement. A Spanish-speaking attorney would be preferable, but is not mandatory (he does speak English).
5. What can he do immediately to get money to pay his rent? He's about to lose his apartment.
6. Other than "Don't sign ANYTHING before consulting an attorney", any advice for him?

Thanks,

Rebeccah

He would need two attorneys, most likely. Worker's compensation attorneys have to charge contigency fees, and most employment lawyers do as well.

Documentation is nice, but if you don't have it, you don't have it, and there isn't a lot to be done about it.

As far as which precise laws are being broken, and the strength of each claim, that is best discussed with an attorney (which he should do ASAP!)

As far as paying his rent, he needs to file for WC benefits, and if there is some problem getting them, he can file for SDI in the meantime.

Thanks, Megan.

I've done a web search and given him contact information for several attorneys of both types.

Rebeccah