Q: My employer owed me money unpaid wages $13,867.87 but they offer to paid only $3,687.18. Is it legal they hold my money?
My employer owed me money unpaid wages $13,867.87 for my overtime, lunch, break time. My employer also owed unpaid wages to my coworkers. I emailed my employer how much they owed me, they lawyer offered me and agreed to pay only $3,687.18 and their calculations is merits less.Is it legal they hold my unpaid wages? Should I agree with they offered even though I know that was not correct amount? Should I report this case to Labor commissioner?
A:
If you are owed money from your employer for unpaid wages, overtime, meal and rest periods and the like, you have the option to either negotiate a settlement, or to file an administrative wage claim with the California Division of Labor Standards Enforcement (also known as the Labor Commissioner's Office) or you can file a lawsuit. Each of these approaches have pros and cons. It would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law work offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
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