What is the name of your state (only U.S. law)? calif
This has suddenly gotten more complicated as i started to type the question.
I have a case where my damages exceeds the limits of the small claims court.Its a a situation were i was hired to do repairs to a property owners fourplex. Since I am not a lisc'd contractor I was hired to do work on an hourly wage. At the end he unfortunately felt he did not have to pay me. Finacial problems seem to be the issue.
In my opinion my case fullfills all the requirement for him to be penalized for willful refusal to pay me my wages owed at the time he fired me.
When I filed the claim I claimed the wages, reimbursement for out of pocket expenses we agreed would be paid, and not knowing if I would be victorious in the claim I also included the wage penalty protion.
As I was typing I believe the more important question is if these can be treated as two seperate cases. That being if I sue for my wages does that automatically block me frorm filing for another claim with the labor board for the penalty under Labor Code 203 ( i believe it is).
I know th efirst question is why didnt i file with the labor Board first? It was mainly do to the simplicity of small claims and the quickest way to expedite the case. Also I was not even aware of the possiblility of penalties being involved for his actions.
So now a couple other questions have me curious. Can a Small Claims Commissioner have the power to award Labor Penalties such as under 203?
If they can enforce those penalties is it likely they would or do they avoid issues regarding penalties and fines? And secondly if I am awarded my wages that are being withheld but not not the penalty can I then go to the labor board to pursue it?
Sorry if this became confusion.
Thank you in advance for any suggestion or help you may have to offer.What is the name of your state (only U.S. law)?
This has suddenly gotten more complicated as i started to type the question.
I have a case where my damages exceeds the limits of the small claims court.Its a a situation were i was hired to do repairs to a property owners fourplex. Since I am not a lisc'd contractor I was hired to do work on an hourly wage. At the end he unfortunately felt he did not have to pay me. Finacial problems seem to be the issue.
In my opinion my case fullfills all the requirement for him to be penalized for willful refusal to pay me my wages owed at the time he fired me.
When I filed the claim I claimed the wages, reimbursement for out of pocket expenses we agreed would be paid, and not knowing if I would be victorious in the claim I also included the wage penalty protion.
As I was typing I believe the more important question is if these can be treated as two seperate cases. That being if I sue for my wages does that automatically block me frorm filing for another claim with the labor board for the penalty under Labor Code 203 ( i believe it is).
I know th efirst question is why didnt i file with the labor Board first? It was mainly do to the simplicity of small claims and the quickest way to expedite the case. Also I was not even aware of the possiblility of penalties being involved for his actions.
So now a couple other questions have me curious. Can a Small Claims Commissioner have the power to award Labor Penalties such as under 203?
If they can enforce those penalties is it likely they would or do they avoid issues regarding penalties and fines? And secondly if I am awarded my wages that are being withheld but not not the penalty can I then go to the labor board to pursue it?
Sorry if this became confusion.
Thank you in advance for any suggestion or help you may have to offer.What is the name of your state (only U.S. law)?