I recently did a job for a friend of my girlfriends and one of my buddies helped me. When the job was finished they owed $2800 plus material cost. They guy never paid us. My buddy filed a complaint against me with the labor board thinking I got paid and didn't give him his share please advise. Does he have a case against me?
He may very well have a case against you. You should not ignore this noticed hearing. Please consult n employment lawyer in your area.
If he was your employee, yes, he will have a case against you for not paying, whether or not the customer paid you. If you think you have a defense, you should show up. If you believe you have no defense, then showing up may not make a difference in the outcome. One defense might be that he was not your employee but you were partners in the joint endeavor. A partner is not an employee.
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.
It would be a huge mistake to not show up at the hearing or conference. Nothing good will come of it if you fail to show. If this is a hearing, not only will the person you recruited to work for you be able to provide unrefuted testimony he was an employee, he will be able to provide as many hours as he claims he worked, without any opportunity for you to say otherwise. In addition, he will be able to claim waiting-time penalties and interest. If he obtains an award in his favor, it will turn into a judgment against you (unless you file an appeal in court, which will require paying filing fees and a bond in the amount of the award), which may ruin your credit and make you exposed to a bank levy or other means of collection.
If you show up, you will have an opportunity to provide evidence he was not an employee or, probably your best bet, settle the claim and put closure on it. The deputy Labor Commissioners place an emphasis on settlement. This is not something you want to ignore.
They say you get what you pay for, and this response is free, so take it for what it is worth. This is my opinion based on very limited information. My opinion should not be taken as legal advice. For true advice, we would require a confidential consultation where I would ask you questions and get your complete story. This is a public forum, so remember, nothing here is confidential. Nor am I your attorney. I do not know who you are and you have not hired me to provide any legal service. To do so would require us to meet and sign written retainer agreement. My responses are intended for general information only.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline