How do I collect my small claims judgment from a wage claim?
March 6, 2013 5:46 PM Subscribe
My former employer mailed me my last paycheck almost a month after firing me, and after enduring an awkward hearing that included being scolded by her in front of a hearing officer, I ended up winning. How do I collect my money? I live in California.
I just received a letter stating that I'm entitled to recover my waiting time penalty wages as my former employer was nearly a month late in mailing me my last paycheck. Towards the end of the hearing last week, the Labor Commissioner stated that each party has 10 days to file an appeal should either one of us disagree with his decision. My former employer (restaurant owner), firmly stated she would "do exactly that," if his decision wasn't in her favor. She was very arrogant during the hearing (i.e., asking me if I "even know the difference between being discharged and quitting," and claiming that I quit when she wasn't present as the GM had fired me, all the while scolding me in front of the officer). I'm not worried if she appeals since I have physical proof (call records from when I contacted the restaurant after discharge + the envelope from the mail of my paycheck with the late postmark), but it now feels like it's gotten personal. It seems like her ego is bruised and she absolutely refuses to admit any wrongdoing. Aside from wasting [more] time, wouldn't it cost her even more money to take me to court?
Exactly how do I collect my winnings? I've interpreted the Labor Dept's letter as them acting as the liaison:
You have been served a copy of the Labor Commissioner's Order, Decision or Award.
If the full amount of the sums set forth in the Order, Decision or Award is received by this office within ten (10) days of the date of the Order, Decision or Award was served upon you, no judgment will be entered in this matter. Payment must be made by certified check, cashier's check or money order made payable to the Plaintiff named in the Order, Decision or Award, and addressed to the Office of the Labor Commissioner at the address shown above.
Someone please correct me if I'm wrong, but is this essentially stating that the Labor Dept acts as a middle man and expects the Defendant to mail my check to them before giving it to me? Several websites say that I have to take action myself, such as placing a lien on my former employer's bank account, for example. I'm feeling pretty lost and would greatly appreciate some guidance and/or sources I could turn to.
I just received a letter stating that I'm entitled to recover my waiting time penalty wages as my former employer was nearly a month late in mailing me my last paycheck. Towards the end of the hearing last week, the Labor Commissioner stated that each party has 10 days to file an appeal should either one of us disagree with his decision. My former employer (restaurant owner), firmly stated she would "do exactly that," if his decision wasn't in her favor. She was very arrogant during the hearing (i.e., asking me if I "even know the difference between being discharged and quitting," and claiming that I quit when she wasn't present as the GM had fired me, all the while scolding me in front of the officer). I'm not worried if she appeals since I have physical proof (call records from when I contacted the restaurant after discharge + the envelope from the mail of my paycheck with the late postmark), but it now feels like it's gotten personal. It seems like her ego is bruised and she absolutely refuses to admit any wrongdoing. Aside from wasting [more] time, wouldn't it cost her even more money to take me to court?
Exactly how do I collect my winnings? I've interpreted the Labor Dept's letter as them acting as the liaison:
You have been served a copy of the Labor Commissioner's Order, Decision or Award.
If the full amount of the sums set forth in the Order, Decision or Award is received by this office within ten (10) days of the date of the Order, Decision or Award was served upon you, no judgment will be entered in this matter. Payment must be made by certified check, cashier's check or money order made payable to the Plaintiff named in the Order, Decision or Award, and addressed to the Office of the Labor Commissioner at the address shown above.
Someone please correct me if I'm wrong, but is this essentially stating that the Labor Dept acts as a middle man and expects the Defendant to mail my check to them before giving it to me? Several websites say that I have to take action myself, such as placing a lien on my former employer's bank account, for example. I'm feeling pretty lost and would greatly appreciate some guidance and/or sources I could turn to.
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Yes, it's saying that if your former employer pays within 10 days then they won't have a judgment entered against them, it will be as though you settled and they won't have losing this case on their record. Having a judgment is your legal claim to that money should she not pay. I would call the court clerk to clarify that, but otherwise wait for the 10 days to see if she pays you through the court before you do anything else. (IANAL)
posted by headnsouth at 6:15 PM on March 6, 2013 [2 favorites]