Stockton, CA asked in Employment Law for California

Q: I’ve already file for lost wages with the labor department commissioner and yet to receive or heard any response from

For them how long should I wait or how long does the process take for the labor department gets back to me…. Should I be better of just getting a lawyer and get it over with….i have all paperwork showing that I was working for the company to date such as my hire date and termination date, but no payslip or anything showing that they paid me…what step should I take

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: Under California law, the time it takes for the Labor Commissioner's Office to respond to a wage claim can vary, often depending on the complexity of the case and the current workload of the office. It's not unusual for this process to take several months.

If you haven't received a response yet, consider reaching out to the Labor Commissioner's Office for an update on your case. They may be able to provide information on the status of your claim and an estimated timeline for resolution.

Given that you have documentation of your employment but lack pay slips, it's important to gather all available evidence that can support your claim. This includes any communication with the employer regarding your wages, hours worked, and the terms of your employment.

If you're considering hiring a lawyer, it could be beneficial, especially if your case is complex or if the Labor Commissioner's process is taking longer than expected. An attorney can provide guidance on how to best proceed and may be able to expedite the process.

Before deciding to hire an attorney, weigh the potential costs against the benefits. An attorney can offer expertise and increase the likelihood of a favorable outcome, but legal fees and other expenses are also a consideration.

Remember, each situation is unique, so consider all factors, including the amount of wages owed and the specifics of your case, before making a decision.

Neil Pedersen
Neil Pedersen
Answered
  • Westminster, CA
  • Licensed in California

A: Litigation (i.e. filing a lawsuit) has its delays too. However this is a confusing and somewhat difficult issue, and your post suggests you are going to entitled to more than just lost wages. I think it would be very 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 in the Find a Lawyer section, 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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