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My dad took his ex boss to court for trying to pay him less & taking away a lot in taxes. is this a problem if he has a warrant?

Long Beach, CA |

my father recently took his ex boss to court for not paying him the right amount for a whole year. his ex boss was some how taking a lot in taxes and not paying him the correct hours on his time card. my dad thinks he might have a warrant for his arrest but is not sure? he got a ticket 3 years ago but never showed up and he finally stop going to court to check on it. will this be a problem for him and what can he do about it?

Attorney Answers 3

Posted

You used "he" and its a little difficult to follow.

"taking a lot in taxes" Do you mean deducting alot of taxes from his pay? If so it has to show up on the records. The W-4 enables workers to set thier level of withholding via exemptions.

Not paying for correct hours has nothing much to do with taxes. An hour cheated is an hour saved regardless of whether taxes are withheld.

my dad thinks he might have a warrant for his arrest but is not sure? He = your dad or He = your dad's boss?
What type of ticket? Traffic? Speeding? Misdemeanor?

1. For the hours, your dad just needs to start keeping a separate record and maybe turn in a copy to make sure he is not cheated.

2. Ticket? Have an attorney contact the police agency/ court to check him on the computer (he may not want to be arrested if he is wanted and that is why he should have an attorney do it). If it is just an infraction, he owes money. He pays the money and that's it. If its more serious then he may need for the attorney to intercede for him.

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He must keep his own record of his hours at work to avoid being cheated. I can't see any other way to get around that problem.

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Curt Harrington
(562) 594-9784
http://patentax.com/curt/index.html

Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.

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Posted

It is unlikely that anyone will cross check on a outstanding traffic warrant when he's in civil court. But this is something he should get taken care of because at some point he WILL get caught. He might get a minor speeding ticket and it will become a huge problem.

He should go to the local traffic court with whatever documentation he still has, even if it's not complete and tell them he wants to arrange to make payments and get it taken care of.

You don't tug on Superman's cape; you don't spit into the wind; you don't pull the mask off the old Lone Ranger; And you don't get legal advice from a free Q&A page on the Internet. The above is a general statement of the law or just my opinion. I am not saying whether it applies to your situation or not because I don't know the details and you’ve not hired me as your attorney.

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Posted

An employer must pay its employees for all hours worked. If your father is still within the statue of limitation (time limit), he can withdraw his court lawsuit and file a claim for unpaid wages, penalties and interest with the California Division of Labor Standards Enforcement (DLSE). The DLSE is a sub-agency within the California Department of Industrial Relations. http://www.dir.ca.gov/dlse/. 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.

I agree with my colleague who suggested your father go to court and try to clear his warrant. The amount due increases over time due to interest and perhaps penalties, and your father probably will live his life more fully if he doesn't have the warrant hanging over his head.

*** All legal actions have time limits, called statutes of limitation. If you miss the deadline for filing your claim, you will lose the opportunity to pursue your case. Please consult with an experienced employment attorney as soon as possible to better preserve your rights. *** Marilynn Mika Spencer provides information on Avvo as a service to the public, primarily when general information may be of assistance. Avvo is not an appropriate forum for an in-depth response or a detailed analysis. These comments are for information only and should not be considered legal advice. Legal advice must pertain to specific, detailed facts. No attorney-client relationship is created based on this information exchange. *** Marilynn Mika Spencer is licensed to practice law before all state and federal courts in California, and can appear before administrative agencies throughout the country. She is eligible to represent clients in other states on a pro hac vice basis. ***

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