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What is the difference when one goes through the labor board as oppose to filing a claim for unfair business practices?

Lynwood, CA |

My employer violated labor on breaks and mealtime. I found out from my former co worker that his lawyer that represent settled on 3 years of violations. When I spoke to his lawyer briefly, his lawyer mentioned that I can claim three years. He did not bother to talk about me claiming up to 4 years. My co worker moved and I have not kept in touch yet. I am looking for a lawyer and Im glad I found this site that I may claim up to four years. I worked for this company for eight years. One of my question is why this lawyer did not mention to me that I can file a claim and get up to 4 years but focus on 3 years? What are some of the basis so that I can claim 4 years instead 3. I'm confuse???

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Attorney answers 3

Posted

If you sue for unfair business practices, under Cal. Business and Professions Code Section 17200, you may be able to claim 4 years worth of damages. Under the Labor Code, the statute of limitations is generally 3 years.

Posted

Contact an employment lawyer as soon as possible. Do not talk to your employer's lawyer or sign any releases without having your own attorney review them. Ordinarily there would be a three year statute of limitations for such violations, however, a four year statute of limitations is available under California Unfair Competition Law, Business and Professions Code Section 17200.

Matthew Blair
310-550-1555
www.beverlyhillsbusinesslawyers.com

Contact me for a FREE case consultation 310-550-1555, email: mblair@chakmakislaw.com. I am licensed in California only and my answers on Avvo assume California law. This message does not constitute legal advice and does not create an attorney-client relationship. Answers must not be relied upon. Any statements are made for general informational purposes and do not constitute legal advice. No attorney-client privilege is created by this communication. Attorney is licensed in California only. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for legal advice. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference.

Posted

You would not be entitled to monetary damages for Unfair Business Practice violations under California Business and Professions Code section 17200 (California's Unfair Competition Law). For a California Business and Professions Code section 17200 lawsuit, the plaintiff may obtain restitution as far back as four years. Restitution is not damages, but an equitable remedy.

The primary remedies in a California Business and Professions Code 17200 lawsuit for private enforcers are injunctive relief, restitution, and disgorgement of ill-gotten gains, not monetary damages or penalties. Plaintiffs may be entitled to attorney's fees for enforcing Section 17200, assuming they otherwise meet the standards as a private attorney general under Code of Civil Procedure section 1021.5.

Frank W. Chen has been licensed to practice law in California since 1988. The information presented here is general in nature and is not intended, nor should be construed, as legal advice for a particular case. This Avvo.com posting does not create any attorney-client relationship with the author. For specific advice about your particular situation, please consult with your own attorney.