I worked for an employer for 3 weeks and did not get paid. I terminated my employment and I still have not received my final check even after more than a month.
I have filed a claim with the labor board, but they are very slow. What else can I do? The amount owed is over $10,000
A lien, no. If you filed a lawsuit instead of a Labor Board complaint, you would have had a right to seek a prejudgment writ of attachment. At this point you just wait, or your dismiss the LB complaint and file a lawsuit.
Good luck to you.
This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read this answer should not rely on the answer to govern their conduct. Please seek the advice of competent counsel after disclosing all facts to that attorney. This answer is intended for California residents only. The answering party is only licensed to practice in the State of California.
If they fail to pay you what you are owed the Labor Commissioner's office is probably one of the quickest way to try to resolve you case. Another way would be to pay a lawyer to write a nasty letter.
Best of luck.
A demand letter from an employment law attorney is usually much more efficient in achieving payment of unpaid wages. If the employer "willfully" withheld your final check beyond the due date, you are owed an additional one day's pay for each day you have to wait to be paid - up to 30 days and the law requires the employer to pay your attorney's fees. That is usually a great incentive to pay up. The DLSE/Labor Commissioner's office cannot seek attorney's fees and will drag the matter out and attempt to pressure you to settle for less than what is owed. Also, a ruling by the DLSE/Labor Commissioner's office can be appealed to Superior Court where the matter starts anew as if your claim before the DLSE never occurred. Find employment law attorney contact info on Avvo.com. Many of us offer a free phone consultation. Have pertinent information available when you call, including date you quit, how much notice you gave, if any, the dates and times you worked and have not been paid, your pay rate, amount due, etc.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline