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Under CA Labor Code 98.2(c), if the "Employee" appeals the Commissioner's decision to Superior Court ?

Rocklin, CA |

Please confirm that under this Section, the "appealing employee" has no rights to collect his attorney fees from the employer, regardless of whether the employee wins $1 or zero at the Superior Court appeal level ? If that is correct, then why would any attorney take a weak $2,900 case(awarded by the DLSE) on a contingency? Thanks.

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Best Answer

Many won't. The amount in controversy is a big consideration when an attorney considers whether to take a case on a contingency basis or not, as is collectability of an award, the availability of statutory fees and costs, the amount of costs to be advanced and many other considerations. That said, many attorneys have varying thresholds on these issues. Some young attorneys looking for great experience, happy clients to refer other business, and the ability to earn some extra money will take small cases even if they do not constitute big monetary rewards. Your goal should be to find one of those for something this small.

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.

Michael Robert Kirschbaum

Michael Robert Kirschbaum


I have a feeling this is the employer who posted the question, Neil.


Believe it or not, some attorneys do not always decide to take cases solely for the money.

Even though an appealing employee may not be able to receive an award of attorneys' fees from the court, there may be other issues at play here. But I won't speculate what they may be.

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.

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