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Unpaid wages - Ex-employer broke

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M

melikissangel

Guest
What is the name of your state? California

I have a hearing with the DLSE on May 6 for which I would like to be as prepared as possible and would appreciate a heads up on what to expect.

I was employed by a small clothing manufacturing company operating out of the employers’ residence for a period of 3 months, before quitting, due to late and eventually unpaid wages and expenses. She has not declared bankruptcy, but she has closed her business.

I am reluctant to seek paid counsel, as this ex-employer is flat broke and I probably won’t see a penny, but I do want to give myself the best possible opportunity at the hearing, should her situation one day improve.

I have already had a preliminary hearing for which the employer did not show up. She wrote a letter saying that I was an independent contractor, which is not true. I worked for her out of her residence 5 days a week from 8am to 5.30pm at her request and instruction.

Unfortunately my proof of employment is thin on the ground. I was never put on payroll (whenever I asked, I was told she would handle it ‘soon’) and I was never given a pay stub. I have been able to obtain copies of company checks and cashiers’ checks where available, and have bank statements that show my wage deposits. The DSLE paperwork advised to bring witnesses, etc, but I don’t have any. Can you please tell me what I need to substantiate my case?

She owes me approximately $3,600 and I don’t want to blow this hearing. Please, any advice very gratefully received.
 



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