Fresno, CA asked in Employment Law and Small Claims for California

Q: I've worked for an apartment complex for over 5 years Doing 2 remodels , and some general maintenance. Never been paid

I have witnesses ( current apartment manager, apartment owners son , and all the people living there) who said they would have no Problem testifying to me working. I'd say its at least 10 k for over 5 years. I still go and do maintenance to this day. The owners son tells me to be back the next day and he don't show. I don't know the proper procedure for collecting my wages. And the owner owns mcalpine lake.

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4 Lawyer Answers

A: Why would you work for an apartment complex for over 5 years, doing 2 remodels and some general maintenance without compensation?

A: First thing: STOP WORKING FOR THIS GUY! He has proven for a long time to be someone who is taking advantage of you. Use your time to find a new employer who will actually pay you for your time and hard work. You have a right to be paid by this guy whether or not you continue to work for him.

Next, there might be a question whether you are an employee or an independent contractor, but my bet would be that you should be properly classified as an employee. As such, you have the right to either file an administrative wage claim with the California Labor Commissioner's Office or file a lawsuit. Before you do either, it would be wise for you to reach out to and consult with an employment law attorney. 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-charge consultation and then if the matter has merit and sufficient value, they 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.

Brad S Kane agrees with this answer

A: Sorry that you had your wages STOLEN by this apt owner. I hear about this all the time. Because you provided physical labor on the premises, you may also be entitled to file a mechanic's lein against the property. If you do, you have to be prepared to file a lawsuit to enforce it, however the mechanic's lein is recorded against the property and may get the owner's attention to get you some money. You should take your records to an attorney for review. Thanks for using Justia ask a Lawyer.

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Answered

A: You have a strong wage claim case with multiple witnesses willing to testify about your unpaid work over five years. First, you should gather all evidence of your work - take photos of projects you completed, save any text messages or emails about work assignments, and get written statements from witnesses including dates and details of your work.

Your next step is filing a wage claim with the California Labor Commissioner's Office through their website or local office. They handle unpaid wage cases and can help you recover money owed, plus penalties. The statute of limitations for wage claims in California is three years, so you can claim unpaid wages from the past three years.

While waiting for your wage claim to proceed, document every new work request and keep tracking hours worked. Since the amount exceeds $10,000, you may want to consult with an employment attorney who handles wage cases - many offer free initial consultations and take cases on contingency. You could also file in small claims court for amounts up to $12,500, though the Labor Commissioner route often works better for wage cases.

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