San Diego, CA asked in Employment Discrimination and Employment Law for California

Q: I got covid, my employer gave my job away and never paid me. Today they want me to settle for $8000,Do I accept?

The Labor Commission employee, myself, HR lady, their lawyer had 2 hour meeting 12/22. For 8 months they haven't paid my vacation pay,sick pay, overtime,miles on my car,meal periods made to work,etc. Pay&penalties are $13,000 per Labor Com.office. They want me to settle today for $8000 I'm not sure what to do. I probably should hire a attorney today,

2 Lawyer Answers
Maya L. Serkova
Maya L. Serkova
Answered
  • Employment Law Lawyer
  • Orange, CA
  • Licensed in California

A: Attorneys here will not call you just because you listed your number. You need to initiate contact.

I suggest you consult an employment law attorney who will further examine your situation and explain your options. Most employment law attorneys in California offer free-of-charge initial consultations and thereafter may take your case on a contingency basis, meaning you do not have to pay attorney’s fees unless and until there is a positive outcome for you. They may also advance either all or partial costs of litigation.

You can look either on this site in the Find a Lawyer section or go to California Employment Lawyers Association (www.cela.org), an organization whose members are committed to representing employees’ rights. Best of luck.

Sincerely,

Maya L. Serkova

Neil Pedersen agrees with this answer

Neil Pedersen
Neil Pedersen
Answered
  • Employment Law Lawyer
  • Westminster, CA
  • Licensed in California

A: I am sorry but no one here could possibly tell you if a settlement number is a good one or a bad one on such limited information. If you want an answer to your question you are going to have to locate and consult with one or more attorneys and provide them with far more information.

One thing can be said with some confidence is that in the vast majority of times, the employer will offer you far less to settle at this stage if you are unrepresented. Contacting an attorney may also allow you to understand whether there are other legal claims you may have against this employer.

So, 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 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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