Complete Labor Law Poster for $24.95
from www.LaborLawCenter.com, includes
State, Federal, & OSHA posting requirements

Announcement

Collapse
No announcement yet.

repercussions for filing a law suit? California

Collapse
This topic is closed.
X
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • repercussions for filing a law suit? California

    Hi there!
    I'm about to go forward with a lawsuit in regards to unpaid OT/misclassification of exempt. As this is my first time doing so, I was wondering if there could be repercussions for filing and going forward with it? The individuals who I claim as references in this company are no longer working here, and are in fact the ones encouraging me to pursue this. My real concern is whether or not a future employer would be able to discover anything about this lawsuit with this company. I'd like to keep this under wraps so it would not hinder my chances at employment with another company.

    Thanks for reading!

  • #2
    A law suit is public knowledge if the prospective employer decides to look for it and knows where to find it.

    May I ask why you aren't just filing a wage claim with the DLSE?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

    Comment


    • #3
      Thanks for the quick response Pattymd.

      Originally posted by Pattymd View Post
      A law suit is public knowledge if the prospective employer decides to look for it and knows where to find it.

      May I ask why you aren't just filing a wage claim with the DLSE?
      I originally filed a wage claim with the DLSE. When they contacted my employer, they only granted me a tenth of what I was due, denying that they owed me anymore than that. Additionally, they denied me missed lunches & breaks. I have proof that all of these claims were unpaid for, which is why I decided to go for it. I do not see any alternative...but then again I am a newbie to law.

      Comment


      • #4
        Was it detirmined by DLSE that you were indeed missclassified as exempt? What was the award your received for exactly?

        Comment


        • #5
          Thanks for reading angel_28.

          Originally posted by angel_28 View Post
          Was it detirmined by DLSE that you were indeed missclassified as exempt? What was the award your received for exactly?
          I submitted a claim to the DLSE that I was missclassified about 4-5 months ago, and I have heard nothing. This leads me to believe that it amounted to nothing.

          I was award a tenth of the overtime that I was entitled to. My company enclosed a letter stating something along the lines of "after further review we realize we do owe him x amount of money". However, x was a tenth of what I claimed. They denied my claim to missed breaks/lunches.

          Comment


          • #6
            Hearing nothing from the DLSE means nothing. It is not unusual for such cases to take at least 6 months to investigate and resolve. I've heard anecdotal evidence of a year.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

            Comment


            • #7
              Originally posted by Pattymd View Post
              Hearing nothing from the DLSE means nothing. It is not unusual for such cases to take at least 6 months to investigate and resolve. I've heard anecdotal evidence of a year.
              I did not know that! That's news to me.

              Regardless, I don't know how else I can collect the overtime that I am due other than through an attorney. I'm open to suggestions of course.

              Comment


              • #8
                I'm not saying don't work through an attorney. You do have the option to sue. But, of course, an attorney costs money and will take a portion of any judgment. The DLSE is free, but with case loads, staffing issues, and budget cuts, it appears to be taking longer through the DLSE than it used to (which, even in the past, was not good).

                At least, I'd try calling the DLSE and try to find out where your claim is in the process (if anywhere).
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                Comment


                • #9
                  Originally posted by Pattymd View Post
                  I'm not saying don't work through an attorney. You do have the option to sue. But, of course, an attorney costs money and will take a portion of any judgment. The DLSE is free, but with case loads, staffing issues, and budget cuts, it appears to be taking longer through the DLSE than it used to (which, even in the past, was not good).

                  At least, I'd try calling the DLSE and try to find out where your claim is in the process (if anywhere).
                  I will definitely do so, thanks a million for your advice.

                  Comment

                  The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
                  Working...
                  X