Regarding unpaid wages, is the labor commission office my only option?

Question

I was hired and worked few days & allegations of drug use came up.I believe my employer took the fact that I’m on formal probation as a way to not pay me thinking, I wouldn’t do anything out of fear.  fast forward. She is blowing up my phone & acting like my best friend cuz this week we have a conference regarding the wage claim I opened. She claimed the money was waiting for me the whole time (but she ghosted me& ignored my multiple attempts to pick up pay)& had passive threats about allegations. I didn’t accept settlement offer & again passive threats about “things” coming to light… deputy seemed to be encouraging me to settle cuz hearings are public &take long but Ive been waiting almost a year already and have nothing to hide. Would it be better to file a civil suit instead? Is that possible or what are my options cuz idc bout money/costs, it’s the principle cuz she hasn’t taken accountability, apologized & still thinks she has leverage & justifies not paying me.

Brad S Kane · Answer

You can have an attorney file represent you and file suit in court, if necessary. Attorney's fees are recoverable. Depending on the amount in controversy, it may difficult to find an attorney to take your case on a contingency.

Maurice Mandel II · Answer

Sorry to hear you are being treated this way. I have practiced this kind of law for over 35 years. You are ENTITLED to have an attorney represent you at the labor commissioner, but you are responsible to pay the attorney, or you can represent yourself. The reason to have an attorney is that a diligent attorney will prepare your case for presentation, including copies of all the emails and other correspondence showing the employer failed to pay you at the time of discharge.  You are probably right about the employer thinking they could just cheat you and get away with it, It happens all the time.  You are entitled to unpaid wages, liquidated damages equal to the number of hours worked times minimum wage, interest on both from the date of discharge, waiting time penalties of up to 30 days wages as waiting time penalties (that's 30 times your daily wage).  But you are not entitled to attorney fees unless the employer appeals an award to Superior Court, then it is a new trial and you do it all over again but you can have an attorney and he can apply for attorney's fees in addition to the wages and penalties. What about meal and rest periods, if not properly provided you get one hour per day extra pay, for each.

James L. Arrasmith · Answer

Regarding unpaid wages, if the labor commission office has not resolved the matter to your satisfaction, you may consider filing a civil suit in court to seek the unpaid wages and potentially additional damages. Given the situation you described, pursuing a civil suit may be a viable option to assert your rights and seek accountability from your employer. However, it is essential to consult with an attorney to assess the specifics of your case and determine the best course of action under California law. - James Arrasmith, Owner. The Law Offices of James L. Arrasmith.

Q: Regarding unpaid wages, is the labor commission office my only option?