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Unpaid wages

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My claim is being heard very soon by the Labor Commissioner, State of CA. The notice of claim and conference stated that the purpose of the conference is to discuss the validity and to settle the claim filed with this Division by the Plaintiff (myself) alleging non-payment of:
Unpaid Wages for several thousand hours worth of work with an amount calculated using the minimum wage. (Even though in my profession the salaries are much higher, I had no written agreement with this company, and I figure the minimum wage will be the easiest to prove is a viable case).

Question #1: this conference is not formal, it will not be recorded. However, attorneys are welcome to attend if independently wishes for their attorney to be present. However, I have been advised that it would be wise to not bring an attorney - what is your opinion?

Also, I am afraid that without an attorney, I may not have proved the validity of my case. (It was a partnership formed with no written agreement, and at one point my "partner" fired me and proceeded to fax all of my associates in my business that I had been terminated. The Unemployment Department did an investigation and found that I was an employee, and I was paid unemployment, even after her I appeal. Again, I used the minimum wage to for the basis of rate of pay.

Question #2: If the defendent brings an attorney, and they somehow have some magic beans up their sleeve in an attempt to get this thrown out, do you have any ideas about how to present this so they will be unable to succeed?



I urge you to get an employment law attorney to go with you at the meeting. Don't think you can and should do this yourself. You can find one at attorneypages. The answers to your questions will be taken care of by your attorney. You apparently have a meritorious case since it is going to this hearing stage. So realize what you have and spend a few dollars to seize the day.

Mark B. Replogle

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