Fraudulent Employer

My employer has bounced and stopped payments on several of my checks. To date he owes me $1,200 in wages plus bank fees I've incurred. He is also in violation of the Independent Contractor/Employee thing...doesn't pay taxes though I am technically an employee. He's a BAD man, and justice really needs to be served. Where should I start? PS these are ONLY THE SMALLEST of incriminating details of him!

1 answer  |  asked Jul 6, 2003 01:38 AM [EST]  |  applies to California

Answers (1)

Janet M. Koehn
start with the dlse

your first resort should be to the california dept. of labor standards enforcement (dlse), you can find it in the "state" listings in the front of your phone book. they can collect small wage claims on your behalf at no cost to you. they also can determine if you have been improperly classified as an indy contractor, to determine if you are owed overtime.
you also can complain the the edd, the same people you go to for unemployment. they are responsible for seeing to it that taxes are withheld. you also can complain to the franchise tax board, who will be interested if your state income taxes have not been properly withheld.
finally, if your employer is large enough and/or this is happening to numerous employees, a private attorney may want to prosecute your claim. if you file in state court, your attorney can recover her/his attorneys fees as well as your lost wages. contact an attorney experienced in employment litigation in your area. you can find one on the web at www.celaweb.org.
good luck
janet m. koehn

posted by Janet M. Koehn  |  Jul 6, 2003 2:06 PM [EST]

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