1. Home
  2.  » 
  3. Employment Disputes
  4.  » How to Handle Employee Claims Against Employers

How to Handle Employee Claims Against Employers

On Behalf of | Feb 8, 2014 | Employment Disputes

Buffington Law Firm’s Orange County trial lawyers often deal with situations in which a present or former employee of a company makes a high-dollar demand for unpaid past wages.  California law is strict concerning the manner in which employees are paid.  Employees know this, and a common scenario is a situation in which an employer terminates an employee for cause or as part of a structural layoff, and the employee then files a high-dollar claim against the employer for unpaid wages.

An employee can make his or her claim either with the California Labor Board, or directly in Superior Court.  Employers sometimes make the mistake of not taking Labor Board claims seriously.  It is true that employers can appeal Labor Board rulings.  However, in such as case the employer is required to post an undertaking with the court for the amount of the earlier Labor Board award in favor of the employee if the employer wants to receive a trial de novo (a new trial) in Superior Court.  This can be very burdensome.  It is much better to win the case at the Labor Board stage and avoid the need for appeal.

Buffington Law Firm’s experienced business trial lawyers have broad experience in representing employers against unreasonable wage and hour claims by former employees.  In February 2013 we successfully represented an employer in a Labor Board appeal in a trial de novo in Superior Court.  In this case the employee was making high-dollar claims of unpaid wages and failure to provide lunch breaks.  The Labor Commissioner provided the employee with free legal counsel.  Nonetheless, we were successful in reversing the Labor Board ruling and completely eliminating the judgment against the employer.

If an employee makes a significant Labor Board claim, the employer is well-advised to retain competent legal counsel for the hearing.  These hearings are trials — before a Labor Commissioner rather than a Superior Court judge, but trials nonetheless.  The best way to deal with these claims is to win them outright at the Labor Board.  It can be done.  While these Labor Board hearings are sometimes criticized as being pro-employee, it has been our experience that employers who present a solid defense can and do win these hearings.  If you need representation at a Labor Board hearing, do not hesitate to call Buffington Law Firm for a free legal consultation to speak to one of our experienced business trial lawyers.  There is no obligation and we can often provide economical and effective legal representation for employers at Labor Board Hearings.

If your business has been served with an actual Superior Court lawsuit, Buffington Law Firm’s business trial attorneys have broad experience in defending employers in these matters.  Again, we recommend that you speak to one of our experienced business attorneys to discuss your case and our possible representation.  In our free legal consultations there is never any obligation, and we are happy to discuss your case with you.