Can I sue my employer for unpaid wages, even though he never completed an I-9 form?

I worked for a small local company in town for 5 months, got paid once but the check bounced, I'm owed about $10000 in wages the owner never completed an I-9 form. I've asked many times about owed wages he just keeps saying he has no money, I am no longer working for him yet his business is still running. I kept logs of everyday I worked for him and also have a copy of the bounced check.

Santa Rosa, CA -

Attorney Answers (3)

Marilynn Mika Spencer

Marilynn Mika Spencer

Employment / Labor Attorney - San Diego, CA
Answered

Unless you worked for this employer many years ago, you can bring a claim against it for unpaid wages, penalties, and interest. You can use a private attorney – in which case attorney's fees are also available as part of the case resolution – or you can filed a claim with the DLSE for free. The Division of Labor Standards Enforcement (DLSE) is a sub-agency within the California Department of Industrial Relations. http://www.dir.ca.gov/dlse/. Some people refer to the DLSE as the Labor Commissioner. The DLSE enforces California's wage and hour laws, including those pertaining to overtime, rest and meal breaks, and more. The link for information on filing a wage claim is here: http://www.dir.ca.gov/dlse/howtofilewageclaim.htm.

If you prefer to use an attorney, please go to the web site of the California Employment Lawyers Association (CELA). CELA is the largest and most influential bar association in the state for attorneys who represent working people. The web site is www.cela.org. Click on "Find a CELA Member" and you can search by location and practice area. Many CELA attorneys represent clients throughout the state.

You were very smart to keep a log of your work hours and the bounced check! I hope you can resolve your situation and wish you the best.

twitter.com/MikaSpencer *** All legal actions have time limits, called statutes of limitation. If you miss the... more
Helen Lou Marsh

Helen Lou Marsh

Employment / Labor Attorney - Sonoma, CA
Answered

Yes, you can sue your employer. The I9 does not matter. You can go to the Division of Labor Standards Enforcement at 50 D Street in Santa Rosa and file a claim there.

Linh Thiet Nguyen

Linh Thiet Nguyen

Employment / Labor Attorney - Sacramento, CA
Answered

Yes, you have a strong wage claim. The lack of an I-9 form does not prevent you from recovering what you are owed. California's wage laws protect all workers regardless of their legal status. You may also be entitled to waiting time penalties and other penalties and damages. Your log will be helpful in establishing your hours. You should consult with an employment attorney to fully evaluate your case. Please feel free to contact me for a consultation.

Law Offices of Linh T. Nguyen 916.509.7200 Disclaimer: This reply is not intended to be and does not constitute... more

Questions? An attorney can help.

Ask a Question
Free & anonymous.
Find a Lawyer
Free. No commitment.