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DLSE Labor Hearing if appealed to de novo trial California

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  • DLSE Labor Hearing if appealed to de novo trial California

    Here is the situation. My employer gave me termination notice on 01/19/09 and stated please consider this your 2 week notice, effectively making my last day 02/02/09. I was an outside sales rep earning a salary plus commission, based out of my home in CA. The company is based out of New Jersey. On the day I received my termination notice the company cancelled my work credit card and I was unable/ or unwilling to pay for gas and expenses to travel to clients so I was home basically the last 2 weeks ready, and willing to do work from home and contact customers via phone. On 01/30/09 my employer cut off my email and said that Friday was my last day. They said they would send my vacation and commission on the next payroll day which was 02/15/09. On that day they didn't send it and when I inquired about it they said that it was missed and they would send it on 02/27/09. I was partially paid what I was owed on 02/27/09 25 days late. I filed a claim with the DLSE for penalties and the remaining vacation they still owed me and during our conference the hearing officer stated that I was paid late and should be initialed to waiting time penalties, they said I didn't do any work the last 2 weeks so they shouldn't have paid me my vacation anyway and they want me to reimburse them for the last 2 weeks. They didn't show up at the hearing and are appealing to a trial de novo. My questions are... Can they go back and claim an exempt employee didn't work enough ( I have a few emails for most of the 2 weeks, but I don't have much proof of work because I had to send my computer back. How much work do I have to prove I did? My commission was paid late as well, how you prove that it was calculable on my last day. Shouldn’t I have been paid for work on 02/02/09 since I received a 2 week notice on 01/19/09 or can they say that they meant it to be that week and the following week? How long does it take to get an appeal trial de novo date once they appeal? Do they have to post a bond to file the appeal in the amount I was awarded from my DLSE hearing?

  • #2
    I am surprised no one has given you advice....

    I am facing a somewhat similar situation. If I were you I would read the DLSE Interpretation Manual. I think your employer is fooling themselves if they think they are going to get away with this at a De Nova.... I would try to get the DLSE to represent you with an attorney at the De Nova.

    From what I know you should have recieved a final paycheck for your salary and vacation time then any commissions "earned" as stated in your employment contract on 2/2/2009. And NOW they will owe 30 days of pay as penalties. Period. Also from what I know they aren't allowed to dock you any pay, period. Maybe they can get away with this garbage in NJ, but I highly doubt they can in CA.

    Hopefully more experienced people will give you answers.

    Comment


    • #3
      Probably, no one HAD an answer. Happens sometimes.
      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

      Comment


      • #4
        So I was awarded only 25 days of penalties since they are stating my last day was 1/30/09 and they paid me conceded vacation amount on 2/27/09. It took DLSE 6 weeks from my hearing ( not the 15 days the internet states) to get my decision, but they are very busy. So all I'm wondering is how long does my employer have to appeal. They were served by mail and are out of state. I think according to section 1013 they have the 10 days plus 5 more for being out of state and 5 more due to serving the award by mail. Is it 20 business days? What happens if they don't appeal in time? Do they have to post the bond to file the appeal? It appears to be some loophole that they can get away with just not posting it, or that I have to file a motion to enforce them too? My biggest question is about how long does it take to get a trial date? I have asked DLSE and the courts and no one can even give me an estimate.

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        • #5
          Hey KM I was wondering what happened in this case for you?

          It has been well over a year - waiting for a hearing with the DLSE and my past employer - mine all happened in Jan 2009- I finally have my hearing scheduled. Geez, am I going to have to wait another 6 weeks for a decision AFTER the hearing? And then what? they wont pay and thats that?

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          • #6
            so the I won the case.. the labor board filed my judgement on 11/17/09 after about 6 week after the final award was won. My employer did not appeal and paid it on 12/2/09 but the labor board never told me so I filed a bank garnishment to no avail. So as a last resort I called on 02/2/10 labor board one more time to see if they could help me collect and she said oh we have a check here for you... we got it on 12/02/09. finally got a check about a week later. I was shocked so my recommendation is to follow up with your deputy even after the judgment is filed.
            Last edited by kms500; 02-25-2010, 08:15 AM.

            Comment

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