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How do I counter-argue against ex-employer's low ball offer for his Labor Code violation?
Mill Valley, CA
Viewed 113 times.
Posted about 1 month ago in Employment / Labor
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I have filed a complaint with the Labor Board against former employer, who failed to pay me my final paycheck on my last day of employment. At the arbitration he offered 50% of the penalty. He stated that I quit, which I did not. And he used the reasoning that 1 month's pay is reasonable and equal to a fair severance. I am scheduled to appear in court. How do I defend against this so that I receive the entire penalty?
Answers (3)Steven Alan Fink
This attorney is licensed in California.
Posted about 1 month ago.
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Whether you quit or were fired does not change your entitlement to the penalty. If you were fired he owes you the penalty from the day you were fired. If you quit, he owes it from 72 hours after you quit. He only owes 30 days penalty under the Labor Code. He will also owe interest on the unpaid wages. You can hire a Labor Law attorney to represent you and seek to be awarded your attorney's fees under the Labor Code.
The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.
Kenneth Lewis Swenson
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