Went to the labor board

[pink_sugar]

So my H and I went to the labor board on our ex boss who has us do side work, because she was screwing us over on pay in the last few weeks. We got our notice for a meeting with the labor commissioner and she flipped out, for one thinking this is a lawsuit :lmao: and made threats to "file another lawsuit with her attorney fees" once our "lawsuit" is over. It will be hilarious when she arrives at the meeting with an attorney like she's expecting to show up in court. This isn't a lawsuit, we aren't suing her, but apparently that's not what she thinks. She's basically threatening retaliation if we don't close our claim, which the labor board prohibits for people who seek advice from a labor commissioner.

[Radu]

Is there any way for you to provide proof of the threats she made ?

Were these threats made over the phone or in public ?

 

Because that would pretty much make it an open and shut case.

Edited April 7, 2013 by Radu

[UpwardForward]

Yes proof of the threats.

 

Imo, most importantly a tally of the monies owed you. Keep track of All past financial owed you, incl pay stubs, overtime, etc.

 

They may even ask her to pay additionally for being late with your compensation, or give you the option.

[pureinheart]

So my H and I went to the labor board on our ex boss who has us do side work, because she was screwing us over on pay in the last few weeks. We got our notice for a meeting with the labor commissioner and she flipped out, for one thinking this is a lawsuit :lmao: and made threats to "file another lawsuit with her attorney fees" once our "lawsuit" is over. It will be hilarious when she arrives at the meeting with an attorney like she's expecting to show up in court. This isn't a lawsuit, we aren't suing her, but apparently that's not what she thinks. She's basically threatening retaliation if we don't close our claim, which the labor board prohibits for people who seek advice from a labor commissioner.

 

She's in an executive type position and doesn't know the difference between Labor Board and lawsuit? Wow, even I know that and have never been an executive:eek:

 

If she does show with an attorney, they'll be taking her for a ride because any good attorney would know this too. I mean I could see consulting an attorney, or even looking it up online...you know?

[Got it]

I would recommend sending anything you have in writing to a personal email account in case you are locked out of the company email you have copies.

 

It is odd she doesn't know the difference as she would have received notice from the DOL. It clearly says it is investigating a complaint and has questions to gather more information. And if you are going to mediation it says this. She is able to bring an attorney, we have in house counsel that will go at times so it is highly likely should could have an employment law attorney representing her.

[pink_sugar]

She made the threat in an email. She was paying me under the table. Funny, she likes to consider us "contractors" but then says she will file a suit so taxes that should have been withheld will be withheld from more paychecks at me and my husband's other jobs...funny, that sounds like an "employee" to me...not an independent contractor. An independent contractor would receive a 1099 at the end of the year, which she would also have to send. Either way, I bet she's probably scared because she hasn't been doing taxes. And a lawsuit for me to pay for her lawyer because of a labor commission meeting? This is the labor board, lady, not a court of law. All of it seems like a huge hassle, I've considered dropping the case because of all the threats, but I mean she isn't required to have legal representation at a labor board conference, so obviously if she wants to bring a lawyer that bad, a judge would laugh at that lawsuit and toss it in the trash. You don't charge to bring a lawyer to a labor board meeting! She wants to file a suit for her lawyer hourly rate preparing for this "lawsuit" in her own words. Damn, I can't wait to see her reaction when she gets there and someone tells her that it's not a lawsuit. :lmao: If she wants to spend tons of money on a lawyer instead of paying us $200 to resolve the claim, more power to her!

Edited April 8, 2013 by pink_sugar

[MuscleCarFan]

Yes proof of the threats.

 

Imo, most importantly a tally of the monies owed you. Keep track of All past financial owed you, incl pay stubs, overtime, etc.

 

They may even ask her to pay additionally for being late with your compensation, or give you the option.

 

The funny thing is that this dumbass broad sent us an email threatening retaliation against us if we down drop this "lawsuit."

 

"In California, it is illegal for employers to retaliate against employees for asserting their rights or filing formal complaints regarding wage and hour issues, discrimination, health and safety issues, CA Labor board claims, sexual harassment or fraud. If an employee is fired, has his pay reduced, or is disciplined for these actions, an employee may be able to bring a lawsuit for this unlawful retaliation and recover damages from the employer."

California employers cannot retaliate against employees for CA labor board claims

 

LMAO, this moron is making it easier for us!

[Radu]

She made the threat in an email.

This is basically harassment, and she gave you proof that can be used in a court of law that she is considering it, but it depends a lot on how it was worded.

 

She was paying me under the table. Funny, she likes to consider us "contractors" but then says she will file a suit so taxes that should have been withheld will be withheld from more paychecks at me and my husband's other jobs...funny, that sounds like an "employee" to me...not an independent contractor. An independent contractor would receive a 1099 at the end of the year, which she would also have to send.

I don't know how you do things in the US, but paying under the table [that's called tax evasion] and lacking a paper trail does not constitute proof for a trial.

If anything the employer might be busted if this is proven.

 

Either way, I bet she's probably scared because she hasn't been doing taxes. And a lawsuit for me to pay for her lawyer because of a labor commission meeting? This is the labor board, lady, not a court of law.

One thing to consider is that she could be trying to threaten you with the bill, should she sue you sucessfully.

In most countries, in civil law, the party that loses the trial can end up footing the bill for the other party, if it is asked for.

 

All of it seems like a huge hassle, I've considered dropping the case because of all the threats, but I mean she isn't required to have legal representation at a labor board conference, so obviously if she wants to bring a lawyer that bad, a judge would laugh at that lawsuit and toss it in the trash. You don't charge to bring a lawyer to a labor board meeting!

Many ppl might not know this, it could be she is trying to scare you into submission.

 

She wants to file a suit for her lawyer hourly rate preparing for this "lawsuit" in her own words. Damn, I can't wait to see her reaction when she gets there and someone tells her that it's not a lawsuit. :lmao: If she wants to spend tons of money on a lawyer instead of paying us $200 to resolve the claim, more power to her!

OK

 

Go to a labour attorney and tell him everything you said here.

Show him the email, and ask him about the language being used there.

 

See what her chances are, and if the email can be used against her.

Prepare for the worst, hope for the best.

Some lawyers might have free consultation and there are forums where lawyers participate in discussion.

Ask for an opinion there if you can't afford it.

[Radu]

The funny thing is that this dumbass broad sent us an email threatening retaliation against us if we down drop this "lawsuit."

 

"In California, it is illegal for employers to retaliate against employees for asserting their rights or filing formal complaints regarding wage and hour issues, discrimination, health and safety issues, CA Labor board claims, sexual harassment or fraud. If an employee is fired, has his pay reduced, or is disciplined for these actions, an employee may be able to bring a lawsuit for this unlawful retaliation and recover damages from the employer."

California employers cannot retaliate against employees for CA labor board claims

 

LMAO, this moron is making it easier for us!

 

It is illegal to do this, but consider this.

 

Is PS still working there ?

Is it illegal to also threaten to do this ?

[Got it]

Radu, if the OP is in CA, it is by far the most employee friendly state in the US. So that is not going to help her boss' case. If she is no longer an employee of the company then I don't think there is any repercussions to her boss' threats as there is nothing in the form of retaliating that the boss can do. She can threaten to sue as anyone can sue, that isn't retaliation. Retaliation would be in the form of actions taken during employment.

 

And yes, if you were not an employee than a 1099 would have been needed. The burden of proof is ultimately on the boss to disprove. The complainant laid out her complaints, the DOL would review and then decide how it wanted to proceed. If the OP decides to drop it that doesn't mean the DOL will. It is not like a lawsuit where the DOL will follow suit based on the complainants desires. They, like the EEOC, may proceed with the investigations regardless especially if they feel that it is a rampant problem or actually just one of their pet projects at the time (the EEOC tends to find certain areas it likes to focus on, right now it is seemingly age discrimination and background check/criminal discrimination that they are really going after companies for. So they are spearheading their own investigations. Recent findings have shown that they haven't even NEEDED an actual complaint about a company to start investigation. They just have to have a perceived concern that there might be an issue to investigate. The EEOC has definitely grown in strength under the current administration.)

 

Anyway I digress. If you are going to mediation, the company will have already been expected to produce information disputing the claims. And basically the two sides are going to meet to come to a dollar number. Mediations aren't really about actually figuring out who is right and wrong but what the two sides will walk away with happy and not continue on in a lawsuit. If mediation fails then the DOL/EEOC would decide if it wants to proceed to trial which is expensive and most employers do not do so just for the expense. Cheaper just to mediate it out.

[UpwardForward]

With being paid under the table, does this mean she gave you no documentation of your wages? Not per pay period, or per year?

 

The Labor Board goes by paper proof. Imo, you will need to present your own explicit documentation of every single pay period by wages earned and given - in order to state your case.

[pink_sugar]

She said if we don't drop the case, she's make sure that if we did win, the money would go to the proper authorities. Fine. She made a threat to make a lawsuit for what we owe in taxes to be withheld from our paychecks and claims we'd have to pay penalties...which makes no sense since she is the employer and she is liable for withholding from my paycheck.

[Star Gazer]

She's in an executive type position and doesn't know the difference between Labor Board and lawsuit? Wow, even I know that and have never been an executive:eek:

 

If she does show with an attorney, they'll be taking her for a ride because any good attorney would know this too. I mean I could see consulting an attorney, or even looking it up online...you know?

 

In my days as an employment attorney, I appeared before the Labor Board on behalf of clients all the time, and I assure you I wasn't taking anyone for a ride. Labor Commissioners believe the more credible party, and having counsel present the facts and evidence certainly helps.

[Star Gazer]

The funny thing is that this dumbass broad sent us an email threatening retaliation against us if we down drop this "lawsuit."

 

"In California, it is illegal for employers to retaliate against employees for asserting their rights or filing formal complaints regarding wage and hour issues, discrimination, health and safety issues, CA Labor board claims, sexual harassment or fraud. If an employee is fired, has his pay reduced, or is disciplined for these actions, an employee may be able to bring a lawsuit for this unlawful retaliation and recover damages from the employer."

California employers cannot retaliate against employees for CA labor board claims

 

LMAO, this moron is making it easier for us!

 

She's your EX boss, correct? Then she isn't unlawfully retaliating against you.

 

Before you call her a moron, make sure you understand what you're alleging even means.

[Got it]

She said if we don't drop the case, she's make sure that if we did win, the money would go to the proper authorities. Fine. She made a threat to make a lawsuit for what we owe in taxes to be withheld from our paychecks and claims we'd have to pay penalties...which makes no sense since she is the employer and she is liable for withholding from my paycheck.

 

Did you claim that income on your taxes each year? She would own the typical employer costs of her share of FICA, state and federal. If you did not claim that income then you will owe taxes on that as well.

 

She will be hit with penalties and fines based on her lack of proper documentation and late fees.

 

Please see the link to misclassification of employees.

 

Employee Misclassification as Independent Contractors - Wage and Hour Division (WHD) - U.S. Department of Labor

[pink_sugar]

Oh we only worked for her January and February of this year.

[pink_sugar]

 

Before you call her a moron, make sure you understand what you're alleging even means.

 

She doesn't understand the difference between lawsuit and labor board conference... seems moronic to me.

[UpwardForward]

She's your EX boss, correct? Then she isn't unlawfully retaliating against you.

 

Before you call her a moron, make sure you understand what you're alleging even means.

 

Interesting input SG. I never thought of that.

 

Another good reason to be there to just financially Document your case OP.

[Star Gazer]

She doesn't understand the difference between lawsuit and labor board conference... seems moronic to me.

 

She's a lay person. Her misunderstanding isn't idiotic or moronic. The end result of a Labor Board hearing or a court judgement are the same to an employer: money due or not due to an employee, with fines.

 

 

-------

 

Also, I'm giggling that you're taking her to the LB when you were getting paid under the table. You're very well opening a big can of worms for yourself, audit wise.

Edited April 8, 2013 by a LoveShack.org Moderator
merge

[pink_sugar]

But it still makes no sense that I'd have to pay for her lawyer to attend a labor board conference. I am not suing her. If money is due, it's due. If not, then oh well, I tired. But why would I have to pay for her lawyer for that?

[liquid_amber]

But it still makes no sense that I'd have to pay for her lawyer to attend a labor board conference. I am not suing her. If money is due, it's due. If not, then oh well, I tired. But why would I have to pay for her lawyer for that?

 

you won't have to pay for her lawyer. i've never heard of such a thing. i've known plenty of people who have gone to the labor board, and the labor board almost always sides with the worker who didn't get their pay. it sounds to me like she is trying to scare you with talk of lawyers and such. if i were you i would ignore her, don't respond to her emails or messages, bring copies of emails to your labor board hearings, and let the labor board sort everything out. it sounds to me like this case is 100% in your favor! you did not do anything wrong here, your ex-boss did.

[pink_sugar]

you won't have to pay for her lawyer. i've never heard of such a thing. i've known plenty of people who have gone to the labor board, and the labor board almost always sides with the worker who didn't get their pay. it sounds to me like she is trying to scare you with talk of lawyers and such. if i were you i would ignore her, don't respond to her emails or messages, bring copies of emails to your labor board hearings, and let the labor board sort everything out. it sounds to me like this case is 100% in your favor! you did not do anything wrong here, your ex-boss did.

 

Thanks for this. I've contemplated dropping it entirely, because it doesn't seem worth $205 that she owes us for such a huge hassle. Worse case scenario is she makes a lawsuit with taxes we owe to be withheld. She said she wouldn't do that if we cancelled the case. What do you think?

[liquid_amber]

Thanks for this. I've contemplated dropping it entirely, because it doesn't seem worth $205 that she owes us for such a huge hassle. Worse case scenario is she makes a lawsuit with taxes we owe to be withheld. She said she wouldn't do that if we cancelled the case. What do you think?

 

it was her responsibility to withhold taxes, not yours. but the labor board does not concern itself with taxes. their job is to make sure you get the money you rightfully earned. taxes are a separate issue. she is so obviously threatening you, it's almost funny. you should not let her intimidate you. that's what she wants! be strong, stand up for your rights, keep documentation of everything, and watch what happens. you will win a lot more money than the amount she owes you, and she will learn a valuable lesson! but you have to follow through. remember, she is trying to intimidate you. do not let her.

[Radu]

Most ppl think that 'i'll take you to court and i'll win because my cause is just'.

WRONG, the law doesn't care about who is morally just or not.

The law cares only about what can be proved, and about making the right decision most of the time.

If 2 parties end up in front of a Judge or any type of decision making board, someone is gonna get butthurt.

 

This woman is bringing a lawyer, try putting yourself in her shoes ... why would you bring a lawyer ?

- to make sure that my company is presented in a good light, lest i get slapped with a nasty administrative fine if not even end up in jail for breaking the law

- to scare the other party into backing off; the sum just plain does not justify it

- to make an example out of the one who dares to be different so others would not rise later on

 

Unfortunately we are not lawyers here [with the exception of SG and i don't know if she is in Cal], and to compound to this you have given data in many different posts, and some of the data seems to contradict each other.

Right now it does NOT matter about her threat.

Right now, it only matters that you do not expose yourself to worse repercusions by going forward with it.

 

If you were working under the table, than she does not have to pay any $ to the state, as the state simply doesn't know.

If the labor board sides with you, and she has to pay you money, this would be a decision that would create a bunch of other legal aspects :

- you might have problems with the state because you were doing tax evasion, if you had no intention of declaring this money; who's job was it to pay taxes on the wage you received ... her or you ?

- she will have to pay the state money that would otherwise not have to be paid [in case she has to pay taxes]

- her company might be administratively fined, and they are [i suspect] not small ... it probably dwarfs this ammount

 

This is why you need to consult a lawyer who is local, if only for 30min to figure out this kind of stuff.

Or post it anonymously on a message board, and give a timeline that someone can work with, all the information in one post.

[pink_sugar]

Which message boards would be good for this?