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  1. #1
    michaelvandyck is offline Junior Member
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    Exclamation My employer wrote nsf paychecks and didn't report my wages for several months

    What is the name of your state (only U.S. law)? CA

    I have two returned paychecks stamped with nsf funds, one check which I was never paid at all,and two checks which were cashed at walmart that I could be held responsible for. I filed a wage claim last march and so far no action has taken by the california labor board. Today I spoke with unemployment and found out that My former boss didn't report my wages for 4 months in 2007, which caused my benefits to decrease. I think I need a lawyer but I don't have the money upfront to pay one since i'm still trying to make up for the $5,000 dollars I lost from the bad checks. what can I do to get some form of legal help?
  2. #2
    HomeGuru is offline Senior Member
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    Quote Originally Posted by michaelvandyck View Post
    What is the name of your state (only U.S. law)? CA

    I have two returned paychecks stamped with nsf funds, one check which I was never paid at all,and two checks which were cashed at walmart that I could be held responsible for. I filed a wage claim last march and so far no action has taken by the california labor board. Today I spoke with unemployment and found out that My former boss didn't report my wages for 4 months in 2007, which caused my benefits to decrease. I think I need a lawyer but I don't have the money upfront to pay one since i'm still trying to make up for the $5,000 dollars I lost from the bad checks. what can I do to get some form of legal help?
    **A: where is the scumbag boss now? Is the company still in operation?
  3. #3
    pattytx is offline Senior Member
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    1. Contact the DLSE and find out what happened to your claim. There's no way it should take that long.

    2. If you have pay stubs, get copies to the EDD to show your wages.
    ---------------------------------------------------------------------------------------------------------------------------------------------------------
    You have not won the law suit lottery; in fact, you haven't even won the law suit scratch-off.
  4. #4
    michaelvandyck is offline Junior Member
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    labor board seems to be working for my former boss

    No the employer isn't in business anymore, but he is still in Modesto,CA. I've been in touch with labor board this week and believe me they try to drop the case every chance they get. When he lost his house they wanted to drop the case because they said they couldn't serve him if they couldn't find him. After he closed the restaurant without notice or paying the final paychecks, He filed for bankruptcy. Two months later his bankruptcy was denied and I got my case reopened. 5 months later, they now want me to provide them with the proof his bankruptcy failed or they will again drop my case. They have not "investigated" anything and can't even seem to get the names of the plaintiff and the defendant straight. I have returned checks from this guy, it should have been a no contest case, yet here I am a year later talking to you guys.

    As far as unemployment, my rate will be reduced due to the loss of $5,000 in wages that wasn't reported and all I can really do about it on my own is report it to the IRS. The stubs are proof of work and are being "investigated" by the EDD, but California isn't responsible for making up the difference in SSI, Unemployment, or State/Fed taxes because that would be the responsibility of my boss who didn't pay out the money. With penalties according to the California Labor Commission the total amount just for the paychecks would be over $18,000.


    I need a lawyer, if anyone can refer me to one or has any ideas that might help I'd appreciate it.
  5. #5
    pattytx is offline Senior Member
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    For $18K and reduction in UI benefits, you definitely should see an attorney. However, even an attorney can't get blood from a turnip.

    This site cannot provide referrals. However, you can contact the local Bar Association's Lawyer Referral Service for referrals to attornies versed in this subject.
    ---------------------------------------------------------------------------------------------------------------------------------------------------------
    You have not won the law suit lottery; in fact, you haven't even won the law suit scratch-off.

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