What is the name of your state? California
I know this case covers a few areas of law but please help.
1. I was employed as a sales engineer and was very successfull. I earned commissions in excess of $165000 plus base with regards to the particular year in question here. My employer decided to pay me in installments of $2000 per wk, later changed to $1000wk, plus my normal hourly wages.
2. I was terminated (rumored to save money) and received no final paycheck or unpaid commission balance. Near on month later I get a letter that conceeds $11500 due me. I reply that this is in error, it is $65000 and identified the error (simple math) with no happiness. After requests for the money were met only with unlawful conditions to sign a release to any claims to the $55000 short, I visited the DLSE (Labor commissioner)
3. Claim filed, meetings attended by ex-employer atty only, and myself. The ex-employer claims I refused the money. (as often we red blooded Americans pass on thousands owed us, sarcasam) Admonished to pay conceeded wage due by DLSE. Hearing set. No $$$ not $0.01
4. Hearing, they lie, I tell truth, they get what was the best possible outcome other than complete victory, Pay what you conceeded plus 30 days waiting period fines ($14400) total $25900 and some interest...
I'm mad, but after discussion with wife, I decide to forgo appeal, lick wounds and use the money to pay off the debts incured due to job loss etc...
5. They appeal! I assume to delay payment but, appeal bond costs $650ish and that's less than 26k. Now I get a lawyer...
6. delay, delay, delay... Fmr employer no-shows every hearing, even trial no-show, but a summary judgement was too easy I guess. With sanctions to his attnys, the attny for "the Ex" show for trial, only to say client is planning BK but otherwise no-show. Another trial date, court on own motion awards $75000. Closer to the mark, but I "win", plus the "Ex" has to pay my costs and attny fees.
7. BK ch 7, filed, the owner has closed the old co. (a corporation) and opened another (surely a cliche in lawyer circles) and continues on, well off.
8. My attny has given up (not tried and failed, given up) and has no desire to pierce corporate veil (note there are a number of other litigants on separate cases that continue in spite of the "automatic stay") I cannot even get an assist in the recovery of the posted bond.
So, over a period of near 2years, his willfull nonpayment without any bonified excuse, while continued operations and income provided 50+ employees pay while mine was stolen, and time for moving assets etc...
Am I just screwed? Or is there hope? If you are motivated I am openly soliciting for someone in the BAR to restore my faith in law. Or is this post itself in violation as action to collect in some perverse twist.
I know this case covers a few areas of law but please help.
1. I was employed as a sales engineer and was very successfull. I earned commissions in excess of $165000 plus base with regards to the particular year in question here. My employer decided to pay me in installments of $2000 per wk, later changed to $1000wk, plus my normal hourly wages.
2. I was terminated (rumored to save money) and received no final paycheck or unpaid commission balance. Near on month later I get a letter that conceeds $11500 due me. I reply that this is in error, it is $65000 and identified the error (simple math) with no happiness. After requests for the money were met only with unlawful conditions to sign a release to any claims to the $55000 short, I visited the DLSE (Labor commissioner)
3. Claim filed, meetings attended by ex-employer atty only, and myself. The ex-employer claims I refused the money. (as often we red blooded Americans pass on thousands owed us, sarcasam) Admonished to pay conceeded wage due by DLSE. Hearing set. No $$$ not $0.01
4. Hearing, they lie, I tell truth, they get what was the best possible outcome other than complete victory, Pay what you conceeded plus 30 days waiting period fines ($14400) total $25900 and some interest...
I'm mad, but after discussion with wife, I decide to forgo appeal, lick wounds and use the money to pay off the debts incured due to job loss etc...
5. They appeal! I assume to delay payment but, appeal bond costs $650ish and that's less than 26k. Now I get a lawyer...
6. delay, delay, delay... Fmr employer no-shows every hearing, even trial no-show, but a summary judgement was too easy I guess. With sanctions to his attnys, the attny for "the Ex" show for trial, only to say client is planning BK but otherwise no-show. Another trial date, court on own motion awards $75000. Closer to the mark, but I "win", plus the "Ex" has to pay my costs and attny fees.
7. BK ch 7, filed, the owner has closed the old co. (a corporation) and opened another (surely a cliche in lawyer circles) and continues on, well off.
8. My attny has given up (not tried and failed, given up) and has no desire to pierce corporate veil (note there are a number of other litigants on separate cases that continue in spite of the "automatic stay") I cannot even get an assist in the recovery of the posted bond.
So, over a period of near 2years, his willfull nonpayment without any bonified excuse, while continued operations and income provided 50+ employees pay while mine was stolen, and time for moving assets etc...
Am I just screwed? Or is there hope? If you are motivated I am openly soliciting for someone in the BAR to restore my faith in law. Or is this post itself in violation as action to collect in some perverse twist.